Terms and Conditions
LEXMARK TERMS AND CONDITIONS OF USE OF ONEPRINT SUBSCRIPTION SERVICE
THESE TERMS AND CONDITIONS APPLY TO THE ONEPRINT SUBSCRIPTION SERVICE.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
This Lexmark site located at URL www.lexmark.com/subscription (this “Enrolment Site”) is owned and operated by:
8 Roxborough Way,
Maidenhead, SL6 3UD,
Phone: 0800 083 0837
registered in the Trade Register of Cardiff under number 02567373 with VAT number GB 727324243
represented by László Szederkényi and Steve Kendall-Smith,
email: email@example.com“Lexmark” or “Us” may sell You the OnePrint Subscription Service by Lexmark if You are located in the territory of the United Kingdom.
If You have any comments or complaints regarding our services or in particular with regards to Your legal right for withdrawal as consumer (see Section 10), please contact Lexmark:
• by email at firstname.lastname@example.org;
• by phone at the Lexmark Customer Support Hotline at 0800 083 0837 (Monday - Friday: 09:00-17:00 (GMT)) or at www.support.lexmark.com;
• via Your profile on the Enrolment Site at: www.lexmark.com/subscription; or
• by post at Lexmark International Ltd, Highfield House, Foundation Park, 8 Roxborough Way, Maidenhead, SL6 3UD.
1. General Provisions.
These Terms and Conditions shall apply to the subscription to the OnePrint Subscription Service by any consumer or any business customer for commercial purposes or as a self-employed person (the “Customer” or “You”) accessing this Enrolment Site. Lexmark shall not be bound by any conflicting terms and conditions You may use unless expressly accepted by Lexmark in writing. Before subscribing to the OnePrint Subscription Service You acknowledge and accept to be bound by these Terms and Conditions by clicking on the corresponding checkbox.
2. Conclusion of Contract.
Your enrolment in and purchase of the OnePrint Subscription Service signifies Your agreement to contract electronically with Lexmark. This means that when You tick the “I have read and agree to the terms and conditions” checkbox to complete Your purchase of the OnePrint Subscription Service, You are agreeing to all of the terms in these Terms and Conditions with the understanding and intent that You are entering into a binding contract with Lexmark. You understand that Lexmark may communicate with You by e-mail, by text message, messages on Your printer and by computer via the account You have established (“Service Account”) or by posting notices on the Enrolment Site, or on Your OnePrint Subscription Service Account page (Your “My Subscriptions”).
3. Customer's Representations and Obligations.
a. If You are a business Customer You warrant and represent that You have the legal right and authority to enter into and be legally bound by these Terms and Conditions. If applicable, You also warrant and represent that You are duly authorized by Your employer to enter into this contract on behalf of Your employer. If You are a consumer, You agree that You are of legal age of majority in the UK to enter into and be legally bound by these Terms and Conditions.
b. In connection with the OnePrint Subscription Service, if You are consumer, You agree that, or if You are a business Customer, You warrant and represent that any and all information provided by You to Lexmark, including, without limitation, information regarding Your Printer(s) and any personal data, i.e., name, address, serial number, email, and credit card information, is true, accurate and complete, and You will notify Lexmark of any change to such information in My Subscriptions.
c. You acknowledge and understand that all costs related to You maintaining an internet connection and email address are Yours and not part of this agreement.
d. You shall not engage in illegal or inappropriate activities with respect to the OnePrint Subscription Service. You are solely responsible for anything printed on Your Printer(s) while using the OnePrint Subscription Service and for the actions of others who use Your Printer(s) while these are enrolled in the OnePrint Subscription Service.
e. You agree that the OnePrint Subscription Service is purchased by You for Your individual use or, if applicable, by You for Your employer, and You agree that You are not permitted to resell, redistribute or to otherwise share with other parties; if You are a consumer, You agree that, or if You are a business Customer, You warrant and represent that You will not use the OnePrint Subscription Service on behalf of others where You collect a fee (e.g., in connection with any type of printing or copying business) or permit others to do so.
f. You agree You are solely responsible for all usage of Your OnePrint Subscription Service Account and shall indemnify, defend and hold Lexmark, its affiliates and its and their respective officers, directors, employees, agents and its and their successors and assigns harmless – to fullest extent permitted by applicable mandatory law provisions – from and against all claims, liabilities, damages, losses, costs, penalties, fines and expenses (including, without limitation, reasonable legal fees and expenses), arising out of or in connection with any breach of these Terms and Conditions or Your use of the OnePrint Subscription Service, Print Subscription Cartridges, or the Enrolment Site. You will promptly notify Lexmark of any such claim made or threatened against You. Lexmark reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You and doing so will not excuse Your indemnity obligations
4. OnePrint Subscription Service Requirements.
a. E-mail. You must maintain, at Your own expense, a valid email account to receive notices and other information regarding the OnePrint Subscription Service.
b. Service Account and My Subscriptions In order to purchase and receive the OnePrint Subscription Service, You must create and maintain the Service Account and You agree to manage and pay for Your OnePrint Subscription Service through My Subscriptions in Your Service Account. You may access My Subscriptions through Your Service Account at www.lexmark.com/subscription.
c. Compatible Printer. You must have a OnePrint Subscription Service compatible Lexmark printer as stated on the Enrolment Site (the “Printer”) and enrol it in Your Service Account, in order to use the OnePrint Subscription Service.
d. Remote Monitoring and Modification.
i Lexmark’s ability to provide the OnePrint Subscription Services requires the use of data collection software applications, including any updates and upgrades, which comes along with the firmware of the Printer and are installed to electronically monitor data from Your Printer(s). BY PURCHASING THE ONEPRINT SUBSCRIPTION SERVICE AND ENROLLING YOUR PRINTER(S), YOU UNDERSTAND THAT LEXMARK WILL COLLECT DATA AND REMOTELY MONITOR YOUR PRINTER(S) PAGE COUNT/STATUS AND YOUR USAGE OF THE ONEPRINT SUBSCRIPTION SERVICE, TO PROVIDE THE ONEPRINT SUBSCRIPTION SERVICES AND TO IMPROVE YOUR EXPERIENCE WITH LEXMARK PRODUCTS AND SERVICES. Remote monitoring includes, without limitation, information related to Your printer(s) supply levels, printed page counts, Printer serial number, Print Subscription Cartridge information, and other similar types of metrics related to Your OnePrint Subscription Service as may be determined by Lexmark from time to time (“Remote Monitoring”). This Remote Monitoring will not collect any data related to printed content.
e. Printer Connection to the Internet. To use the OnePrint Subscription Service without interruption, You must (i) maintain connectivity of Your Printer(s) to the internet and (ii) not remove or disable any Lexmark remote monitoring software or functionality on Your Printer(s). Internet service is not provided by Lexmark; it must be separately obtained and paid for by You. You are responsible for obtaining and maintaining, at Your sole expense, all internet equipment and services needed to access and use the OnePrint Subscription Service. You will continue to be charged for the OnePrint Subscription Service as described in Section 8 (“Payment”). In order to maintain service, You will need to keep Your Printer connected to the internet and maintain the connection. You may contact Lexmark Customer Support at the telephone number noted above for assistance on keeping Your Printer connected to the internet. Failure to connect Your Printer to the internet will also impact Lexmark’s ability to provide updates on usage to You and will impact the timeliness of Your Print Subscription Cartridge delivery for the OnePrint Subscription Service.
5. Your Subscription Plan, Plan Fee.
a. Selecting a Subscription Plan. As part of completing the creation of Your Service Account, You will be required to select a OnePrint Subscription Service plan (“Plan”) described on the Enrolment Site. Each Plan entitles You to the specified number of Plan Pages during each month (“Plan Month”) and also to eligible guarantee services (“Guarantee Services”) for the enrolled Printers in Your Service Account for a fee (“Plan Fee”) as described in Your Plan description. Plan Fees are based on consumables yields computed using ISO/IEC 19752 (mono) and ISO/IEC 19798 (colour).
b. Promotional Offers. Lexmark may adjust Plan Fees, in whole or in part, in connection with certain promotional offers pursuant to the terms of such offers.
c. Plan Page. A “Plan Page” is considered to count as 1 (one) for each page that exits the output of the Printer as a result of the printing process. If the printing process settings indicate 2 (two)-sided printing, each side of the page will count as 1 (one) page. Blank pages printed within the printing process still count as a Plan Page. A page is the type and size of media referenced in Your Printer’s specifications.
d. Multiple Printers In Your Service Account. You may enrol multiple printers for which You agree to be responsible for under the OnePrint Subscription Service. Each Printer will be covered by a separate Subscription Plan even if it has been enrolled in the same Service Account. It is Your responsibility to ensure the appropriate Print Subscription Cartridge is installed in the Printer it was allocated to.
e. Replacement Printer(s). You may only transfer Your Subscription Plan to another compatible Lexmark printer through the OnePrint Subscription Service replacement process found on the Enrolment Site or in My Subscriptions.
f. No Rollover Pages. If during any Billing Period You do not print all of Your Plan Pages, any unused Plan Pages You had available for that Billing Period will not roll-over and will not be available for Your use in subsequent Billing Periods. During each of Your Billing Periods, Your Plan Pages will be exhausted from Your Service Account unless pursuant to a specific applicable promotional offer from Lexmark.
g. Exceeding Plan. Lexmark will monitor Your monthly usage within Your Plan and if You exceed the Plan usage or exceed the ISO recommended page yield identified on the Print Subscription Cartridge, Lexmark will notify You of Plan changes in accordance with Section 8.a.iv.
6. Your OnePrint Subscription Services
a. Print Subscription Cartridges Provided to You.
i After You have completed the enrolment in the OnePrint Subscription Service, Lexmark will send to You printer cartridges if not included with Your Printer(s) (“Print Subscription Cartridges”). The Print Subscription Cartridges are unique to the OnePrint Subscription Service and may not be used outside the OnePrint Subscription Service, unless You exercise Your Buyout Option after cancellation of the OnePrint Subscription Service.
ii The Print Subscription Cartridges will be mailed to Your mailing address that You submitted during Your enrolment. It is Your responsibility to ensure that Your mailing address is accurate at all times. If You fail to update Your mailing address, Lexmark will not be responsible to You or otherwise be liable for re-sending Print Subscription Cartridges to You, and if You are a business Customer, You will be liable for reimbursing Lexmark for any costs associated with the failure. You may update Your mailing address in Your Service Account, as necessary, through My Subscriptions or You may contact the Lexmark Customer Support.
iii During the subscription term, Lexmark retains all ownership rights and interests in the Print Subscription Cartridges. The OnePrint Subscription Services Cartridges are provided to You during the subscription term solely to enable Your use of the OnePrint Subscription Service in accordance with these Terms and Conditions. Accordingly, You will only use the Print Subscription Cartridges with the Printer(s) applicable to Your Service Account. You will not use the Print Subscription Cartridges with any other printer, outside the scope of the OnePrint Subscription Service. You will not sell or otherwise provide the Print Subscription Cartridges to any third party, unless You have exercised the Buyout Option after cancellation of the Service.
iv IF YOU USE NON-PRINT SUBSCRIPTION CARTRIDGES WITH THE PRINTER(S) ENROLLED IN YOUR SERVICE ACCOUNT, THE PRINTING ON THE ENROLLED PRINTER(S) WILL CONTINUE TO COUNT TOWARDS YOUR PLAN PAGES, AS DEFINED BELOW.
v You agree to remove Your Print Subscription Cartridge from Your Printer and replace it with a new Print Subscription Cartridge only when prompted by messages from Your Printer to do so or if Your print quality degrades. Once enrolled in the OnePrint Subscription Service, Your Printer(s) will automatically report Printed Pages to Lexmark so that Lexmark is alerted when to send replacement Print Subscription Cartridges to You. All Pages printed on Your Printer after enrolment are counted towards Your Plan Pages.
vi When Your OnePrint Subscription Service is cancelled in accordance with these Terms and Conditions, You will be notified by Lexmark of Your option to pay for the remaining use of the Print Subscription Cartridge or immediately return it to Lexmark. Intentional ongoing disconnection from the internet will be deemed as a cancellation of OnePrint Subscription Services and will initiate cancellation procedures aligned with Section 8.a.v. and Section 11.
vii Empty Cartridge Return/Recycling. You must return to Lexmark all used Print Subscription Cartridges by following the instructions for return and using the materials provided to You by Lexmark in accordance with the Lexmark Cartridge Collection Program available at https://www.lexmark.com/en_gb/products/supplies-and-accessories/reuse-and-recycling-program/cartridge-collection-program/individuals-cartridge-collection-program.html. Without limiting the foregoing, You must return the Print Subscription Cartridges to Lexmark when (1) the Print Subscription Cartridges have been removed from the Printer or You otherwise cease using them, (2) Your Service is cancelled for any reason, or (3) Lexmark otherwise directs You to return the Print Subscription Cartridges to Lexmark. You agree to not include items other than the OnePrint Subscription Services Cartridges in any Lexmark-provided postage prepaid return material that You send back to Lexmark. If You use any method of return that does not comply with Lexmark’s instructions, You assume any and all responsibility for any Print Subscription Cartridges You return to Lexmark. If any Print Subscription Cartridges are not returned to Lexmark You assume responsibility for ensuring that any such Print Subscription Cartridges are handled in accordance with applicable environmental law and You agree to indemnify and hold Lexmark harmless for Your failure to do so.
viii You may contact Lexmark Customer Support at www.lexmark.com/subscription or the contact information listed above if a Print Subscription Cartridge is damaged, leaking its contents or otherwise appears to require special handling, and Lexmark will provide You with special instructions regarding how to return that cartridge and obtain a replacement
b. Lexmark Guarantee Services. During the time in which Your Printer(s) is enrolled in the OnePrint Subscription Service, You will be entitled to receive Guarantee Services for Your Printer(s) as outlined at https://support.lexmark.com/en_gb/warranty-service.html for the model specified in the country in which the Printer(s) is utilised. If Your Printer(s) have any remaining initial 1 (one)-year guarantee, this will be utilised first. Lexmark will apply extensions to Guarantee Services during the time of enrolment in the OnePrint Subscription Service up to 5 (five) years starting from the date of purchase by the original purchaser of the Printer(s). Any device older than 5 (five) years from the original date of purchase will not be eligible for Guarantee Services or the OnePrint Subscription Service. Any extension of Guarantee Services to a Printer using the OnePrint Subscription Service will be removed from the Printer at time of cancellation of the OnePrint Subscription Services. If at the time of cancellation, the Printer has a remaining initial 1 (one) year Guarantee, that remaining time will still be usable through the initial Guarantee Services until its expiration. If You have previously extended Guarantee Services for Your Printer(s) from the initial 1 (one) year Guarantee by 12 (twelve) months increments or any further, it will supersede any extension that Lexmark applies during the enrolment within the OnePrint Subscription Service. You may check the Guarantee status of Your Printer at: https://support.lexmark.com/en_gb/warranty-service.html.
c. No Transfer of Service. You are not permitted to transfer Your OnePrint Subscription Service to another individual or legal entity.
7. Managing Your OnePrint Subscription Service.
a. My Subscriptions. The details of Your OnePrint Subscription Service will be displayed on My Subscriptions, which will provide You with, among other items, the status of Your OnePrint Subscription Service Printer(s) and payment status on Your Service Account
b. Customer Support. If You need assistance with the OnePrint Subscription Service, Your Service Account, or have questions regarding Your Monthly Fees or the billing process, You may contact Lexmark Customer Support at the contact details as set out above.
c. Changing Your Plan. You may change Your Plan by following the directions on My Subscriptions. The change will become effective as of the beginning of Your next Billing Period and will not retroactively apply.
a. Charges; Billing Period.
i Payment for the OnePrint Subscription Service shall be made by You using the payment method(s) as provided on the Enrolment Site by Lexmark and indicated in Your Service Account (“Payment Method”). Lexmark reserves the right to offer You only certain methods of payment for the OnePrint Subscription Service, for example, Lexmark reserves the right to provide the OnePrint Subscription Service only after payment with certain methods of payment in order to secure the credit risk according to the respective creditworthiness.
ii Your monthly billing period (“Billing Period”) for the OnePrint Subscription Service will begin when the Service is activated upon enrolment of Your first Printer (“Service Activation").
iii At the beginning of each Billing Period, beginning the month of Your Service Activation, Your Payment Method will be charged on a monthly basis for (i) the amount of Your Plan Fee, and (iii) any applicable taxes, duties, levies or similar charges, such as applicable value added taxes (“VAT”), copyright and/or environmental levies (“Taxes”), (collectively, “Your Monthly Fee”).
iv Lexmark will monitor and determine Plan Pages within Your selected Plan and if You exceed Your Plan usage or the ISO recommended page yield identified on the Print Subscription Cartridge in three (3) consecutive months, Lexmark will notify You that You will be moved to the next higher Plan. You will be moved to the next higher Plan in the next billing cycle and remain there for the future Billing Periods. You may contact Lexmark Customer Support set out above as at any time to discuss Your Plan.
v If Your Printer is not connected as detailed in Section 4, Lexmark will continue to charge Your Payment Method on a monthly basis for Your Monthly Fees until Your OnePrint Subscription Service is cancelled by You or Lexmark. If You do not use the OnePrint Subscription Service for six (6) consecutive months, Lexmark will contact You to confirm OnePrint Subscription Service continuance or cancel Your account and follow the cancellation process in Section 11.
vi You are responsible for all Plan Pages from Your Printer(s) while using the OnePrint Subscription Service, regardless of whether You specifically authorized the printing or whether You used a Print Subscription Cartridge.
vii Lexmark may charge default interest on late payments at the statutory rate, assess late charges, and recover any other losses resulting from Your late payment or default and may temporarily suspend delivery of services if Lexmark is unable to collect payment from Your Payment Method at the time payment becomes due. Lexmark may suspend use of the Print Subscription Cartridges until payment can be collected from You. Additionally, if Lexmark is unable to collect payment from You when due, Lexmark reserves the right to cancel Your OnePrint Subscription Service and terminate this agreement.
b. Price Increases. In accordance with Section 9 (“Changes to the OnePrint Subscription Service and this Agreement”), if You are a business Customer, Lexmark may modify, e.g., increase the Plan Fee, and/or other fees, for any Plan, or otherwise change or add Plans at any time. However, these changes will not affect the OnePrint Subscription Service for the current Billing Period for which Lexmark already provided the OnePrint Subscription Service to You.
c. Payment Processor. Lexmark uses a third-party payment processor to process payment for the OnePrint Subscription Service. The processing of payments is subject to any additional terms, conditions, and policies of the payment processor which You may read and acknowledge during the payment process. Lexmark reserves the right to change or add third-party payment processors.
9. Changes to the OnePrint Subscription Service and this Agreement.
a. If You are a business Customer, Lexmark reserves the right to change these Terms and Conditions at any time. If Lexmark makes such changes, Lexmark will post the revised terms and conditions on the Enrolment Site, in Your Service Account, or by email to the address You have listed in Your Service Account along with the date of revision. Any changes will apply only from the date of the revision to these Terms and Conditions upon Your acceptance. If You do not want to accept the change(s), Your only recourse is to not use the OnePrint Subscription Service and cancel Your Account by following the directions in Section 10 (“Withdrawal, Cancellation”) below. Additionally, Lexmark may cancel Your OnePrint Subscription Service and cease to provide the OnePrint Subscription Service to You and/or cancel Your use of the OnePrint Subscription Service, and may modify, suspend or discontinue the OnePrint Subscription Service in accordance with the terms stated herein (“Cancellation by Lexmark”).
b. If You are a consumer, Lexmark may make changes to these Terms and Conditions from time to time as long as we give You no less than 30 (thirty) days' prior notice via the Enrolment Site, Your Service Account, or by email to the address You have listed in Your Service Account, unless the change is due to a change in law or for security reasons (in which case we may need to change these Terms and Conditions on shorter notice). Any use of the OnePrint Subscription Service after the expiry of such notice period will be deemed acceptance by You of the changed terms. If You do not want to accept the change(s), You may cancel Your OnePrint Subscription Service and Your Account by following the directions in Section 11 (“Cancellation”) below.
10. Legal Right of Withdrawal
The rights in this Section 10 are only applicable if You are a consumer. The following cancellation rights are without prejudice to any other right You may have if the OnePrint Subscription Service or a Print Subscription Cartridge is defective.
You may withdraw orders for the OnePrint Subscription Service for any or no reason until 14 (fourteen) days from the day after the day which Lexmark and You enter into these Terms and Conditions
I. by providing clear notice to Lexmark about Your decision to withdraw from the contract (see for details to address notice of withdrawal above); or
II. by using the following model cancellation form in order to communicate Your decision to cancel:
Model Cancellation Form
To: Lexmark International Ltd, Highfield House, Foundation Park, 8 Roxborough Way, Maidenhead, SL6 3UD, United Kingdom
E-mail address: email@example.com
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service*,
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
(*) Please delete if not applicable
If You wish to access the OnePrint Subscription Service during the 14-day cancellation period, then You may do so but:
I. You expressly agree that we may begin to make the OnePrint Subscription Service available to You during the cancellation period; and
II. You expressly acknowledge and agree that You must pay Lexmark for OnePrint Subscription Services received during the cancellation perio
If You wish to exercise Your rights to a refund under this Section 10, You must return the Print Subscription Cartridges to:
ALSO Nederland B.V.
c/o Lexmark - Service Department
3439 JJ Nieuwegein
CONSEQUENCES OF WITHDRAWAL
In the event of valid withdrawal we shall return the sums paid by You in relation to the affected Print Subscription Cartridges, including (if applicable) the delivery costs (with the exception of the additional costs resulting from the fact that You have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 (fourteen) days from the day on which we received the notification of Your withdrawal from this contract. For this repayment, we will use the same means of payment that You used for the original transaction, unless expressly agreed otherwise with You; in no case will You be charged for this repayment. We may refuse repayment until we have received the Print Subscription Cartridges from You or until You have provided proof that You have returned the Print Subscription Cartridges, whichever is the earlier.
If You withdraw an order as described in this Section, You must take reasonable care of the Print Subscription Cartridges and return it (and, wherever possible, all packaging and other materials which were provided with the product) to Lexmark at the address above within 14 (fourteen) days of the notice of withdrawal. The deadline is met if You send the Print Subscription Cartridges before the end of the fourteen-day period. You will receive from us respective shipping documents and we will bear the costs of returning the Print Subscription Cartridges. If You do not return the Print Subscription Cartridges to Lexmark within 14 (fourteen) days, Lexmark may be entitled to charge You Lexmark’s reasonable costs and expenses required to recover the Print Subscription Cartridges.
You will be liable for loss or damage to the Print Subscription Cartridges if this loss is due to handling of products that is not necessary for checking the condition, properties and functioning of products.
END OF WITHDRAWAL INSTRUCTION
A right of withdrawal does not exist according to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for contracts for the delivery of products that are bespoke (i.e. made to Your specifications) or which are clearly tailored to the personal needs of the Customer. The right of withdrawal will also expire prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal is removed after delivery and for contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal is removed after delivery.
a. Cancellation by Customer. You may cancel Your OnePrint Subscription Service any time and this must be done through My Subscriptions or by contacting Lexmark Customer Support at the contact information as stated above. Your OnePrint Subscription Service will be cancelled effective as of the last day of Your current Billing Period. Your Printer(s) must be connected to the Internet in order to cancel Your OnePrint Subscription Service through My Subscriptions. If You are unable to connect Your Printer(s) to the Internet at the time You seek to cancel, You will need to contact Lexmark Customer Support to complete the cancellation process. Your Payment Method will be charged in full, and no refunds will be provided for Plan Fees, during that last Billing Period. Removing the Print Subscription Cartridges from Your Printer(s), not printing, or disconnecting Your Printer(s) from the Internet does not cancel Your OnePrint Subscription Service or otherwise stop Your obligation to pay for the OnePrint Subscription Service.
b. Cancellation by Lexmark. In addition to Lexmark’s rights under Section 9 (“Changes to the OnePrint Subscription Service and this Agreement”), Lexmark has the right to:
i Cancel Your OnePrint Subscription Service and this agreement at any time for any or no reason upon thirty (30) days notification to You at the email address You have provided in Your Service Account. Such reasons for cancelling Your OnePrint Subscription Service may include, but are not limited to, Lexmark ceasing to provide the OnePrint Subscription Service or a particular version, part or feature of the OnePrint Subscription Service. If applicable, You may be entitled to a refund of payments You have made in advance.
ii in its sole discretion, cancel Your OnePrint Subscription Service and this agreement at any time immediately upon notification to You at the email address You provided in Your Service Account if: (1) You breach these Terms and Conditions, including, without limitation, failing to pay for the OnePrint Subscription Service or no longer having a valid accepted Payment Method; or (2) Lexmark, in its sole discretion, believes that You have engaged in any other action that Lexmark considers to warrant termination of Your use of the OnePrint Subscription Service. If Lexmark cancels Your OnePrint Subscription Service pursuant to Section 11.c.i. or Section 11.c.ii., You will not be entitled to any refund in respect of any advance payments made.
c. Consequences of Cancellation.
i If You are a business Customer, You agree that Lexmark will not be liable to You for any cancellation of Your OnePrint Subscription Service or refusal of access to the OnePrint Subscription Service in accordance with these Terms and Conditions.
ii Upon cancellation of Your OnePrint Subscription Service for any reason, any rights granted to You under these Terms and Conditions will terminate.
iii Cancellation of Your OnePrint Subscription Service does not disable the ability for Lexmark to remotely monitor Your Printer. It is up to You to turn off this setting on the Printer(s) after cancellation.
iv Upon cancellation, the Print Subscription Cartridges will cease to function unless Lexmark offers You the option to pay a fee calculated and provided to You by Lexmark based upon the remaining yield of toner/ink in the Print Subscription Cartridge(s) (“Buyout Fee”) that have been sent to You and not previously returned by You and received by Lexmark (“Buyout Option”). If You timely exercise this Buyout Option, Your Payment Method will be charged the Buyout Fee. If You do not timely exercise this Buyout Option or if it is not available to You, You must return the Print Subscription Cartridges to Lexmark in accordance with Section 6.a.i. - vii.
v You will need to replace the Print Subscription Cartridge(s) with a standard compatible cartridge(s) in order to print.
vi All terms in these Terms and Conditions that by their nature would survive termination of these Terms and Conditions upon cancellation of Your OnePrint Subscription Service, will survive termination, including, without limitation, limits on liability, applicable law and Your payment obligations.
d. Resetting the Printer(s). Resetting the Printer(s) back to factory settings may interrupt OnePrint Subscription Services until You apply appropriate settings on the Printer(s). You will remain responsible for all charges incurred for access to the OnePrint Subscription Service until the OnePrint Subscription Service is validly cancelled.
12. Personal Information and Your Privacy.
Please note that our Privacy Notice is subject to change. To keep up to date with changes to the Privacy Notice, please read it before each order.
13. Intellectual Property Rights.
You agree that Lexmark retains exclusive ownership of the OnePrint Subscription Service, Print Subscription Cartridges, and the Enrolment Site and will own all intellectual property rights, title and interest in any ideas, concepts, know how, documentation and techniques relating to the OnePrint Subscription Service, Print Subscription Cartridges, and the Enrolment Site. Lexmark, and any other product or service name, slogan or logo contained in or on the OnePrint Subscription Service, Print Subscription Cartridges, or the Enrolment Site are trademarks of Lexmark or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lexmark or the applicable trademark owner. You will not use any metatags or any other hidden text utilizing any trademark of Lexmark.
You may, at Your sole option, by accepting to give feedback provide Lexmark suggestions, comments or other feedback relating to the OnePrint Subscription Service (“Feedback”). You agree that: (i) Lexmark may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any Lexmark product, technology, service, specification or other documentation offered, manufactured, sold or distributed by Lexmark (“Offering”); and (ii) You will not give Lexmark Feedback that is subject to license terms that seek to require any Offering incorporating or derived from such Feedback, or other Lexmark intellectual property, to be licensed to or otherwise shared with a third party.
15. No Guarantee of Services.
IF YOU ARE A BUSINESS CUSTOMER, YOU AGREE THAT THE ONEPRINT SUBSCRIPTION SERVICE, PRINT SUBSCRIPTION CARTRIDGES, PROMOTIONS, AND THE ENROLMENT SITE ARE PROVIDED BY LEXMARK ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. LEXMARK DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AS PROVIDED BY APPLICBALE MANDOTORY LAW. FURTHERMORE, LEXMARK DOES NOT REPRESENT OR WARRANT THAT THE ONEPRINT SUBSCRIPTION SERVICE, PRINT SUBSCRIPTION CARTRIDGES, PROMOTIONS OR THE ENROLLMENT SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR THAT DEFECTS WILL BE CORRECTED, AND MAKES NO WARRANTIES REGARDING THEIR TIMELINESS, ACCURACY OR RELIABILITY.