HP INSTANT INK TERMS OF SERVICE

HP INSTANT INK TERMS OF SERVICE

August 2019

ATTENTION: PLEASE READ CAREFULLY THESE “HP INSTANT INK TERMS OF SERVICE” (THE “AGREEMENT”) AND THE DESCRIPTION OF THE HP INSTANT INK SERVICE SET FORTH IN THE “HOW IT WORKS”, “THE PLANS” and “FREQUENTLY ASKED QUESTIONS” SECTION AT WWW.HPINSTANTINK.COM (“SERVICE DESCRIPTION TERMS”) BEFORE PURCHASING THE HP INSTANT INK SERVICE (“INSTANT INK SERVICE”). THIS AGREEMENT IS BETWEEN THE PURCHASER OF THE INSTANT INK SERVICE (“YOU”) AND HP INC UK LIMITED OR ITS SUCCESSORS (“HP”), COMBINED WITH ANY SEPARATE OR ADDITIONAL TERMS APPLICABLE TO THE INSTANT INK SERVICE (I.E. PROMOTIONAL OFFERS), GOVERNS YOUR USE OF THE INSTANT INK SERVICE. TO THE EXTENT THAT ANY SEPARATE OR ADDITIONAL TERMS APPLY TO YOUR USE OF THE INSTANT INK SERVICE AND CONFLICT WITH THIS AGREEMENT (FOR EXAMPLE, PROMOTIONAL OFFERS), THE CONFLICTING SEPARATE TERMS WILL CONTROL.

YOUR PURCHASE AND USE OF THE SERVICE INDICATE THAT YOU HAVE READ AND ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING THE OVERAGE FEES TERMS, THE REQUIREMENT OF INTERNET CONNECTIVITY FOR YOUR PRINTER, HP’S RIGHT TO INCREASE PRICING, AND THE CANCELLATION TERMS.

THE INSTANT INK SERVICE IS AVAILABLE TO ANY CUSTOMER WITH DELIVERY ADDRESS WITHIN UK. SOME UK REGIONS ARE EXCLUDED FROM THIS SERVICE DUE TO COVERAGE AND THOSE INCLUDE: THE CHANNEL ISLANDS (JERSEY AND GUENSEY), ALDERNEY, SARK, HERM AND GIBRALTAR. BY PURCHASING THE INSTANT INK SERVICE, YOU REPRESENT TO HP THAT YOU HAVE A VALID DELIVERY ADDRESS WITHIN THE UNITED KINGDOM AND WILL MAINTAIN IT WHENEVER YOU USE THE SERVICE.

YOU MAY REVIEW, SAVE OR PRINT ANY PART OF THESE TERMS. WE ENCOURAGE YOU TO PRINT OUT A COPY OF THIS ENTIRE DOCUMENT AND REFER TO IT AS YOU USE THE INSTANT INK SERVICE.

HP ENTITY: HP Inc UK Limited (“HP”)

HP Address: Earley West, 300 Thames Valley Park Drive, Reading, RG6 1PT, United Kingdom

HP Customer Support Telephone: 0207 660 6027 - Monday through Friday 8:00h to 18:00h (GMT), Excluding public holidays

www.hpinstantink.com

INDEX

  1. DATA COLLECTION.
  2. AGREEMENT TO CONTRACT ELECTRONICALLY.
  3. CHANGES TO THIS AGREEMENT AND TO THE SERVICE.
  4. YOUR REPRESENTATIONS AND OBLIGATIONS.
  5. INSTANT INK SERVICE REQUIREMENTS.
  6. CHOOSING AN INSTANT INK SERVICE PLAN.
  7. PAYING FOR YOUR INSTANT INK SERVICE.
  8. MANAGING YOUR INSTANT INK SERVICE.
  9. CANCELLATION.
  10. GENERAL TERMS AND CONDITIONS.
  11. INSTANT INK PROGRAMS.

1. DATA COLLECTION.

  1. Personal data. The collection and use of Data shall be governed by the HP Privacy Statement located at hp.com/go/privacy.
  2. Remote Monitoring. Your purchase of the Instant Ink Service indicates Your authorization for HP to (1) remotely monitor Your printer page count and Your ink status, and (2) Your usage of the Instant Ink Service to prevent unauthorized use of Your account and to improve Your experience with HP products and services. Remote monitoring includes provision to HP of Your ink levels, page counts, types of documents printed (e.g., Word, PowerPoint, pdf, jpeg, etc.), types of devices that initiated print jobs, printer serial number, cartridge information (e.g. HP Original ink status, and whether the cartridge was new or used at the time of its last insertion into the printer), and other similar types of metrics related to your Instant Ink Service as may be added by HP from time to time.
  3. Sharing of Personal Data. By purchasing the Instant Ink Service, You agree to allow HP to share Your personal data with either the HP reseller from which you obtained an Instant Ink Service pin or promotional code and/or the HP reseller from which you purchased your eligible printer, as well as service providers engaged by HP to manage or support certain aspects of the Instant Ink Service. Your personal data will be handled according to the privacy policies of those other companies which may differ from HP's policies and practices. For purposes of this paragraph, “personal data“ includes Your name, shipping address, city, state, postcode, email, printer model, printer serial number, Instant Ink pin or promotional code, Instant Ink Service plan, date of Instant Ink Service registration, and HP reseller store where the Instant Ink Service pin or promotional code was distributed.

2. AGREEMENT TO CONTRACT ELECTRONICALLY.

Your enrolment in and purchase of the Instant Ink Service signifies Your agreement to contract electronically with HP. This means that when You complete Your purchase of the Service and click the box to accept this Agreement, You are agreeing to all of the terms in this Agreement with the intent of entering into a binding contract with HP. In addition, HP may communicate with You by e-mail, by text message, messages on Your printer and/or computer or by posting notices on www.hpinstantink.com/signin (Your “Dashboard“). You agree that all such notices, disclosures and other communications that HP provides to You electronically satisfy any legal requirement that such communications be in writing. Costs associated with Your maintaining an email account or text messaging capability are Your responsibility and are not included in the Instant Ink Service.

3. CHANGES TO THIS AGREEMENT AND TO THE SERVICE.

HP may modify this Agreement at any time to:

  1. reflect changes in HP technology / other systems;
  2. reflect changes in regulatory requirements, legislative changes or ombudsman decisions,
  3. implement new Instant Ink Service offerings or programs being made available;
  4. implement minor adjustments and improvements. These changes will not affect Your use of the Instant Ink Service;
  5. reflect changes in HP’s costs; and
  6. any other valid reason,
with thirty (30) days prior notice to You by posting a notice of such modification on the Site. HP may also send notification of such modification to You to the email and/or telephone number listed on Your Dashboard. Your continued use of the Instant Ink Service after modification becomes effective (i.e. after thirty (30) days from the posting or sending of such notice to You) will indicate Your acceptance of the modified Agreement. If You do not accept the Agreement as modified, do not use the Instant Ink Service and cancel it by following the directions in Section 9 (“Cancellation”) below. In addition, HP, in its sole discretion, may suspend the Instant Ink Service to You, refuse to provide the Instant Ink Service to You or cancel Your use of the Instant Ink Service, and may modify, suspend or discontinue the Instant Ink Service (or any version, part or feature thereof) in accordance with the terms in Section 9.b (“Cancellation by HP”).

4. YOUR REPRESENTATIONS AND OBLIGATIONS.

By purchasing the Instant Ink Service, You hereby represent that :

  1. Age and Residency. You are at least eighteen (18) years old, reside in a country within the European Economic Area, United Kingdom and Switzerland, you have provided a delivery address within the UK, some UK regions are excluded from this delivery area due to coverage and those include: the Channel Islands (Jersey and Guernsey), Alderney, Sark, Herm and Gibraltar; and have the legal right, capacity and authority to enter into this Agreement with HP and to be legally bound by its terms, and, if applicable, You are duly authorized by Your employer to enter into this contract on behalf of Your employer;
  2. No Public Sector. You are not purchasing the Instant Ink Service in Your capacity as a public sector employee or otherwise intend to use the Service for any government-related use.
  3. Any and all information provided by You to HP or HP authorized Resellers (“HP resellers”) in connection with the Instant Ink Service, including but not limited to personal data (for example: Your name, address, credit/debit card number and expiration date, other Payment Method information, and email or text messaging account information), is true, accurate and complete, and You will notify HP or the HP reseller as applicable of any change to such information;
  4. The Instant Ink Service is(purchased by You for Your individual use, not for resale, redistribution or to otherwise share with other parties and you represent that You will not use the Instant Ink Service on behalf of others where You collect a fee (e.g., in connection with any type of printing or copying business).;
  5. You shall not abuse the Instant Ink Service or otherwise engage in inappropriate activities with respect to the Instant Ink Service., and you represent that You, and not HP, are responsible for anything printed on Your printer while using the Instant Ink Service;
  6. You are responsible for the actions of others who use Your Service Account (defined in Section 5.d below), Your Dashboard or otherwise use Your Instant Ink Service; and,
  7. You will indemnify HP and hold HP harmless with respect to all claims, liabilities, losses and other costs arising from Your breach of this Agreement or otherwise related to Your use of the Instant Ink Service, the Instant Ink Program Cartridges, Promotional Offers, or the Site. HP 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.

5. INSTANT INK SERVICE REQUIREMENTS.

  1. E-mail and HP Connected Account.You must maintain, at Your own expense, a valid email account or, if applicable, texting capability to receive notices and other information regarding the Instant Ink Service. In order to purchase and receive the Instant Ink Service, You must create and maintain an HP Connected (or its successor) account (“HPC Account”). You will manage and pay for your Instant Ink Service through your Dashboard. You may access Your Dashboard through Your HPC Account.
  2. Instant Ink Service-Compatible HP Printer required. In order to use the Instant Ink Service, You must have an Instant Ink Service-compatible HP printer. For a list of Instant Ink Service-compatible HP printers, see the “Check to see if your HP printer works with Instant Ink” link found at hpinstantink.com. You expressly allow HP to change, patch, update or otherwise modify Your printer’s software, firmware or programming remotely, without notice to You, in order to provide the Instant Ink Service to You or to comply with applicable laws. Unless otherwise indicated, any software or firmware that is downloaded to Your printer or otherwise provided to You to enable the Instant Ink Service is provided pursuant to the software licensing terms that accompanied Your printer or pursuant to the HP Connected terms of use as applicable.
  3. Your Printer needs to be connected to the internet. In order to be able to use the Service in an uninterrupted manner, You agree to maintain connectivity of Your Printer to the Internet and to not remove or disable any remote monitoring software or functionality on Your Printer; such Internet service is not provided by HP and must be separately obtained and paid for by You. Please check with Your Internet provider for information on possible Internet data usage charges and any other applicable charges. You are responsible for obtaining and maintaining, at Your sole expense, all equipment and services needed to access and use the Instant Ink Service. If Your printer is not connected to the Internet, then your Instant Ink-activated cartridges will be disabled, and You will not be able to use them to print; however, You will continue to be charged for the Instant Ink Service as described in Section 7 (“Paying for Your Instant Ink Service”). In order to reactivate disabled cartridges, You will need to contact HP Customer Support at HP Customer Support Telephone number noted at the beginning of this Agreement or hp.com/go/instantinksupport for assistance. Failure to connect Your printer to the Internet will also impact HP’s ability to send certain notices to You (including but not limited to those described in Section 7 (“Paying for Your Instant Ink Service”) and replacement Instant Ink Program Cartridges to You and will impact the timeliness of Your being billed for the Instant Ink Service.
  4. Instant Ink Program Cartridges provided to You.
    1. Instant Ink Service-compatible printers include regular HP Ink cartridges compatible with Instant Ink (“Instant Ink Ready Cartridges”) in the printer packaging. Instant Ink Ready Cartridges may be used as regular cartridges. The status of Instant Ink Ready Cartridges does not change unless and until You activate Your Instant Ink Service Account ("Service Account"). If you have created Your Service Account within seven (7) days of printer set-up with an Instant Ink Ready Cartridge, the Instant Ink Service will automatically recognize and activate your Instant Ink Ready Cartridge as an “Instant Ink Program Cartridge”. If the printer You purchased came with Instant Ink Ready Cartridges or Instant Ink Program Cartridges, carefully review the included written materials. .Instant Ink Program Cartridges may only be used in conjunction with the Instant Ink Service. HP will thereafter send You additional Instant Ink Program Cartridges to allow for Your continued printing through the Instant Ink Service. If no Instant Ink Ready Cartridges were included with the Instant Ink Service-compatible printer that You purchased or for any other reason your Instant Ink Ready Cartridges or Instant Ink Program Cartridges cannot be activated after creating your Service Account, then HP will send Instant Ink Program Cartridges to You after You have created Your Service Account.
    2. You must ensure that HP has Your most recent mailing address in order for HP to deliver Instant Ink Program Cartridges to You through the Instant Ink Service. HP will not be responsible to You or otherwise be liable for sending Instant Ink Program Cartridges to mailing addresses that appear in Your Service Account that You have failed to update. Please go to Your Dashboard to update as necessary Your current mailing address, or otherwise contact Customer Support via the Telephone number noted at the beginning of this Agreement or hp.com/go/instantinksupportfor assistance.
    3. As between You and HP, HP retains all ownership rights and interests in the Instant Ink Program Cartridges. HP provides the Instant Ink Program Cartridges to You solely to enable Your use of the Instant Ink Service. The Instant Ink Program Cartridges will work only with the corresponding printer designated in Your Service Account; You are not allowed to (i) use the Instant Ink Program Cartridges with any other printer (including but not limited to other printers that You may have enrolled under the Instant Ink Service), (ii) use the Instant Ink Program Cartridges outside the scope of the Instant Ink Service (unless HP expressly permits otherwise), or (iii) sell the Instant Ink Program Cartridges or otherwise provide them to others.
    4. While using the Instant Ink Service, You agree not to remove an Instant Ink Program Cartridge from Your printer and replace it with a new cartridge until prompted by messaging on Your printer to do so or in the event Your print quality degrades. Your printer will automatically report fill levels of Your Instant Ink Program Cartridges to HP so that HP knows when to deliver replacement Instant Ink Program Cartridges to You.
    5. When Your Instant Ink Service is cancelled for any reason, HP will remotely disable the Instant Ink Program Cartridges and You will no longer be able to print with the Instant Ink Program Cartridges.
  5. Instant Ink Program Cartridges must be returned by You to HP. You agree to return to HP all used Instant Ink Program Cartridges by following instructions for return and using the materials provided to You by HP. Without limiting the foregoing, You must return to HP the Instant Ink Program Cartridges when (1) You have used all of the ink in the cartridges or You otherwise cease using them, (2) Your Instant Ink Service is cancelled for any reason, or (3) HP otherwise directs You to return the cartridges to HP. You agree to not include items other than the Instant Ink Program Cartridges in any HP-provided postage prepaid return envelopes that You send back to HP. Contact HP if an Instant Ink Program Cartridge is damaged, leaking ink or otherwise appears to require special handling, and HP will provide You with special instructions regarding how to return that cartridge. You assume responsibility for any cartridges You return to HP using a method of return that does not comply with HP’s instructions. You assume responsibility for ensuring that any cartridges not returned to HP in accordance with HP’s instructions and materials that You will receive with the cartridges are handled in accordance with applicable environmental law. You will indemnify HP and hold HP harmless in the event You do not return any cartridges to HP and do not comply with such applicable law.

6. CHOOSING AN INSTANT INK SERVICE PLAN.

  1. When You create Your Service Account You will select one of the offered Instant Ink Service plans (each a “Service Plan”) eligible for your Instant Ink Service-compatible printer described in the Service Description Terms. Each Service Plan entitles You to print the specified number of pages (“Service Plan Pages”) during each one (1) month period (“Month Period”) for a designated fee (“Service Plan Fee”). The first Month Period begins on the day that Your printer detects an Instant Ink Program Cartridge for the first time (“First Use”), and the second Month Period begins on the same calendar day in the following month. For example, if Your first Month Period begins on the 15th of January, then Your second Month Period will begin on the 15th of February. If Your first Month Period began in a month on a day not contained in a subsequent month, then Your Month Period in any of those subsequent months will begin on the last day of such month. For example, if Your first Month Period began on January 31st, Your next Month Period would begin on February 28th, and Your subsequent Month Period would begin on March 31st. Your Instant Ink Service will continue on a month to month basis until Your Instant Ink Service is cancelled as described in Section 9 (“Cancellation”). See the Service Description Terms for details regarding the available Service Plans.
  2. Print Page. A “PRINTED PAGE” IS A PAGE UPON WHICH ANY AMOUNT OF INK IS PLACED BY YOUR PRINTER. PRINTING ON BOTH SIDES OF THE SAME SHEET OF PAPER COUNTS AS TWO (2) PAGES. A page is the type and size of media referenced in Your printer’s specifications. HP may waive Service Plan Fees in connection with certain promotional offers; see applicable terms and conditions for more information.
  3. Multiple printers in Your Service Account. You may enrol multiple printers, up to a cumulative maximum of total of ten (10)printers under the Instant Ink Service in one or more Service Accounts. Regardless of whether Your multiple printers are under one or several Service Accounts, You will be billed separately for each printer. See Section 7 (“Paying for Your Instant Ink Service”) for billing details.
  4. Rollover Pages. If during any Month Period You do not print all of Your Service Plan Pages, then, subject to the maximum described in the following sentence, the number of unused Service Plan Pages You had for that Month Period will be kept in your account as roll-over pages (“Rollover Pages”) and be available for Your use in subsequent Month Periods. The total number of Service Plan Pages plus Rollover Pages that You have available through the Instant Ink Service in each Month Period may not exceed three times the number of Service Plan Pages to which You are entitled under Your Service Plan. For example, if Your Service Plan entitles You to print fifty (50) pages each month, then You may have a total of up to 100 Rollover Pages in Your Service Account each month; any additional unused pages that You may have that exceed that number would not become Rollover Pages and may not be used by You in subsequent Month Periods. During each of Your Month Periods, Your Service Plan Pages will be exhausted from Your Service Account before Your Rollover Pages are used. Rollover Pages may not be available during certain promotional offers; see applicable terms and conditions for more information.
  5. No transfer of Instant Ink Service. You cannot transfer Your Instant Ink Service to another person.
  6. Replacement Printers. You can only transfer Your Instant Ink Service to another printer through the Instant Ink printer replacement process. The Instant Ink printer replacement process may be found on Your Dashboard and/or as you install your replacement printer.
  7. Use of Pin or Promotional Code. If You purchased or received a pre-paid card with a pin code for the Instant Ink Service from an HP reseller or HP, You must use it within the time specified, if any, and in accordance with any other instructions included with such pre-paid card to purchase the Instant Ink Service. HP is not responsible for a lost or stolen pre-paid card. Once You enter the pin code, the entire value of that card is redeemed. When redeemed, card value is credited to your Instant Ink Service account and applied to your Service Plan fee, after which You will be charged for subsequent months based on the payment method provided.

7. PAYING FOR YOUR INSTANT INK SERVICE.

  1. Commencement of charges for the Instant Ink Service and Billing Cycles. Unless otherwise specified in an Instant Ink Program described in Section 11 (“Instant Ink Programs”) below:
    1. When You create Your Service Account, You will provide HP with a valid, accepted payment method that You will use to pay for the Instant Ink Service, such as a valid credit card (“Payment Method”);
    2. Your monthly billing cycle (“Billing Cycle”) for the Instant Ink Service will begin on the date of First Use (defined above in Section 6 (“Choosing an Instant Ink Service Plan”);
    3. Beginning one month after Your First Use, Your Payment Method will be charged on a monthly basis for (i) the amount of Your Service Plan Fee which includes applicable , and (ii) any charges for additional pages over and above Your Service Plan (“Overage Fees”); (collectively, “Your Monthly Fee”). For example, if Your First Use is on January 1st, Your Payment Method will be charged on or after February 1st for Your Monthly Fee for January; if Your First Use is on February 1st, Your Payment Method will be charged on or after March 1st for Your Monthly Fee for February.
    4. If You redeem the value of a valid gift card, prepaid card, offer, or promotion in Your Service Account, then HP will apply that redeemed value towards Your Monthly Fee before charging any remaining balance to Your Payment Method, unless other applicable terms and conditions apply. Unless otherwise separately specified, for each month that You print more than the number of Your Service Plan Pages, Your Payment Method will be charged for the Overage Fee associated with those additional pages. For example, if Your Service Plan entitles You to print fifty (50) pages for a Service Plan Fee of £1.99 and thereafter pay £1.00 for each multiple of ten (10) pages, and if You print a total of sixty-six (66) pages in a Month Period, then Your Payment Method would be charged the Monthly Fee of £1.99 plus £2.00 in Overage Charges, for a total of £3.99.
    5. Failure to connect Your printer to the Internet may result in delays in charging Your Payment Method for portions of Your Monthly Fee due. HP will continue to charge Your Payment Method on a monthly basis for Your Monthly Fees until Your Instant Ink Service is cancelled by You or HP.
    6. In the event that HP is unable to collect payment from Your Payment Method at the time payment becomes due, HP may temporarily cease your access to the Instant Ink Service, and the Instant Ink–activated Cartridges will stop functioning, until payment can be collected; if HP is unable to collect payment from You, HP will cancel Your Instant Ink Service and terminate this Agreement pursuant to Section 9 (“Cancellation”).
    7. You may access Your billing information on Your Dashboard. You are responsible for all pages printed on Your printer while using the Service, whether or not You specifically authorized the printing of those pages.
  2. Price Increases. HP may increase or otherwise change the Service Plan Fee and Overage Fee, and add additional fees, for any Service Plan, or otherwise change or add Service Plans at any time in HPs sole discretion with prior notice to You in accordance with Section 3 (“Changes to this Agreement and to the Instant Ink Service”). Any such changes to Service Plan Fees and Overage Fees and the addition of other fees will become effective no earlier than the beginning of Your next Month Period commencing thirty (30) days from HP’s announcement of those changes or additions in accordance with Section 3 (“Changes to this Agreement and to the Instant Ink Service”).
  3. Payment Processor. HP uses a third-party payment processor to process payment for the Instant Ink Service. The processing of payments is subject to any additional terms, conditions, and policies of the payment processor. HP reserves the right to change or add third-party payment processors at its discretion.

8. MANAGING YOUR INSTANT INK SERVICE.

  1. Your Dashboard. The details of Your Instant Ink Service will be displayed on Your Dashboard. Your Dashboard will provide You with, among other items, the current status of your Instant Ink Service printers, number of pages used, and payment status.
  2. Customer Support Centre. If You need assistance with the Instant Ink Service or Your Service Account, or have questions regarding Your Monthly Fees or the billing process, please contact Service customer support representatives at HP Customer Support Telephone number noted at the beginning of this Agreement or hp.com/go/instantinksupport.
  3. Changing Your Service Plan. You may change Your choice of Service Plan by following the directions on Your Dashboard. Downgrading Your Service Plan will become effective as of the beginning of Your next Month Period and will not retroactively apply. Upgrading the plan will be effective, at Your discretion either (1) immediately, and the changes retroactively applied to the current billing cycle, or (2) from the beginning of the next billing cycle. To view Your current Service Plan and other details, go to Your Dashboard.

9. CANCELLATION.

  1. Cancellation by You. You may cancel Your Service at any time online at hpinstantink.com or by calling the HP Customer Support at the HP Customer Support Telephone number noted at the beginning of this Agreement, and your Instant Ink Service will then be cancelled effective as of the last day of Your current Month Period. For example, if Your current Month Period runs from January 15th to February 15th, and You submit a cancellation request to HP on January 30th, Your Instant Ink Service will be cancelled as of February 15th. Your Payment Method will be charged in full for Your last Month Period, and no refunds will be provided for Service Plan Pages or Rollover Pages that You did not print during that last Month Period. Simply removing the Instant Ink Program Cartridges from Your printer, not printing, and/or not connecting Your printer to the Internet does not cancel Your Instant Ink Service or otherwise stop the Billing Cycles.
  2. Cancellation by HP. Notwithstanding the foregoing, in addition to HP’s rights under Section 3 (“Changes to this Agreement and to the Instant Ink Service”), HP may cancel Your Service at any time in its sole discretion for any or no reason upon thirty (30) days notification to You at the email address or, if applicable, the text number listed on Your Dashboard. Such reasons for cancelling your Instant Ink Service may include, but not limited to HP ceasing to provide the Instant Ink Service or a particular version, part or feature of the Instant Ink Service. Cancellation by HP as per the above may entitle you to refund of advance payments made. In addition, HP may cancel your Your Instant Ink Service and this Agreement at any time in its sole discretion immediately upon notification to You at the email address or, if applicable, the text number listed on Your Dashboard if; (i) You breach the terms of this Agreement (including but not limited to failing to pay for the Instant Ink Service or no longer having a valid Payment Method); or (ii) HP in its sole discretion believes that You otherwise abused the Instant Ink Service or engaged in any other action that merits termination of Your use of the Instant Ink Service. Any cancellation pursuant to subsections (i) and (ii) above may be without any refund to You of advance payments made. If you are a consumer receiving the service from a member state of the European Economic Area, Switzerland or the United Kingdom the following terms shall apply in place of Section 9.b above:
    1. Cancellation upon reasonable notice. In addition to HP’s rights under Section 3 (“Changes to this Agreement and to the Instant Ink Service”), HP may cancel Your Service at any time due to:
      1. changes in technology / other systems;
      2. changes in regulatory requirements, legislative changes or ombudsman decisions,
      3. changes in HP’s costs;
      4. Your Instant Ink Service account being inactive for more than 12 consecutive months;
      5. HP ceasing to provide the Instant Ink Service or a particular version, part or feature of the Instant Ink Service;
      6. any other reason,
      upon at least thirty (30) days prior notification to You at the email address or, if applicable, the text number listed on Your Dashboard.
    2. Cancellation for cause. HP may cancel Your Instant Ink Service and this Agreement at any time immediately upon notification to You at the email address or, if applicable, the text number listed on Your Dashboard if You breach the terms of this Agreement (including but not limited to failing to pay for the Instant Ink Service or no longer having a valid Payment Method) and You fail to remedy the breach within a period of time of seven (7) days after being notified in writing of the details.
    Cancellation by HP as per the above may entitle you to refund of advance payments made.
  3. Consequences of Cancellation. You agree that HP will not be liable to You for any cancellation of Your Instant Ink Service or refusal of access to the Instant Ink Service or Site in accordance with this Agreement. Upon cancellation of Your Instant Ink Service for any reason, any rights granted to You under this Agreement will terminate and You must immediately cease all use of the Instant Ink Service and return the Instant Ink Program Cartridges to HP as detailed in Section 5e (“Instant Ink Program Cartridges must be returned by You to HP”)). Furthermore, any Program Incentives that you earned pursuant to the Refer-a-Friend Program will immediately expire upon termination of Your Instant Ink Service
  4. Mandatory Withdrawal Right. If you are a consumer, the above cancellation rights do not limit your statutory rights to withdraw from distant and off-premises contracts. You have the right to withdraw from this Agreement, without giving any reason, within fourteen (14) days from the day of conclusion of this Agreement. You have the right to inform us following the process outlined in Section 9.a above or using the model cancellation form below. If you pre-paid the first month of Instant Ink Service by purchasing an Instant Ink Card online from HP Store or from an HP reseller, you can exercise the above withdraw right and receive the corresponding a refund of amounts paid in advance. If purchasing online from HP Store, you must follow the instructions provided in the HP Store website; if purchasing online from an HP reseller, the HP reseller’s withdrawal terms will apply.

Model cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To HP Inc UK Limited, Earley West, 300 Thames Valley Park Drive, Reading, RG6 1PT, United Kingdom:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following provision of the following service,  

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

[*] Delete as appropriate

10. GENERAL TERMS AND CONDITIONS.

  1. SERVICE WARRANTY. HP WILL PERFORM THE INSTANT INK SERVICE USING GENERALLY RECOGNIZED COMMERCIAL PRACTICES AND STANDARDS. YOU AGREE TO PROVIDE PROMPT NOTICE OF ANY SERVICE CONCERNS AND HP WILL RE-PERFORM ANY SERVICE THAT FAILS TO MEET THIS STANDARD. IF YOU ARE A CONSUMER RECEIVING THE SERVICE FROM A MEMBER STATE OF THE EUROPEAN ECONOMIC AREA, SWITZERLAND OR THE UNITED KINGDOM: HP will honor all statutory warranties required by applicable law. DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY LAW, HP DOES NOT PROVIDE ANY OTHER WARRANTY WHATSOEVER WITH RESPECT TO THE INSTANT INK SERVICE, INSTANT INK READY CARTRIDGES, INSTANT INK PROGRAM CARTRIDGES, INSTANT INK PROGRAMS, DASHBOARD AND THE SITE, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) RELATED THERETO, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, HP DOES NOT WARRANT THAT THE INSTANT INK SERVICE, INSTANT INK READY CARTRIDGES, INSTANT INK PROGRAM CARTRIDGES, INSTANT INK PROGRAMS, DASHBOARD OR THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.
  2. INTELLECTUAL PROPERTY RIGHTS. You will not gain by virtue of this Agreement any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by HP. HP will retain exclusive ownership of the Instant Ink Service, Instant Ink Program Cartridges, activated Instant Ink Ready Cartridges, Instant Ink Programs, Dashboard and the Site and will own all intellectual property rights, title and interest in any ideas, concepts, know how, documentation and techniques relating to the Service, Instant Ink Program Cartridges, Instant Ink Ready Cartridges, Instant Ink Programs, Dashboard and the Site. Instant Ink, HP, and any other product or service name, slogan or logo contained in or on the Instant Ink Service, Instant Ink Program Cartridges, Instant Ink Ready Cartridges, Instant Ink Programs, Dashboard or the Site are trademarks of HP or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of HP or the applicable trademark owner. You may not use any metatags or any other hidden text utilizing any trademark of HP without HP’s prior written permission.
  3. LIMITATIONS OF LIABILITY AND REMEDIES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HP, ITS SUCCESSORS, OR AFFILIATES BE LIABLE FOR DOWNTIME COSTS, LOST PROFIT, LOST REVENUE OR LOST DATA OR OTHER CONTENT OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL COSTS OR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, INSTANT INK PROGRAM CARTRIDGES, INSTANT INK READY CARTRIDGES, INSTANT INK PROGRAMS, DASHBOARD OR THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF HP, ITS SUCCESSORS, OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT HP, ITS SUCCESSORS, OR AFFILIATES ARE HELD LEGALLY LIABLE TO YOU, HP'S, ITS SUCCESSORS’, AND AFFILIATES’ AGGREGATE MAXIMUM LIABILITY TO YOU IS LIMITED TO THE GREATER OF 10£ OR THE AMOUNT OF YOUR MONTHLY FEE PAID BY YOU TO HP FOR THE INSTANT INK SERVICE AND/OR INSTANT INK PROGRAM FOR THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. THIS PROVISION DOES NOT LIMIT EITHER PARTY’S LIABILITY FOR: DEATH OR BODILY INJURY CAUSED BY THEIR NEGLIGENCE; ACTS OF FRAUD; NOR ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. IF YOU ARE A CONSUMER RECEIVING THE SERVICE FROM A MEMBER STATE OF THE EUROPEAN ECONOMIC AREA, SWITZERLAND OR THE UNITED KINGDOM:
    1. HP is responsible to You for foreseeable loss and damage caused by HP. If HP fails to comply with this Agreement, HP is responsible for loss or damage you suffer that is a foreseeable result of HP breaking this Agreement or HP failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both HP and You knew it might happen, for example, if You discussed it with HP during the sales process.
    2. HP does not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Your legal rights in relation to the Instant Ink Service.
    3. HP is not liable for business losses. If You use the Instant Ink Service for any commercial, business or re-sale purpose HP will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  4. COMPLIANCE WITH LAWS, INCLUDING EXPORT LAWS. You agree to comply with all applicable laws and regulations. Without limiting the foregoing, You are responsible for compliance with U.S. and other applicable countries’ export control laws and regulations (“Export Laws”). You will comply with all Export Laws to ensure that the Instant Ink Service, the Instant Ink Program Cartridges, Instant Ink Ready Cartridges, and any related materials, including but not limited to technical data, are not (1) exported or re-exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including without limitation nuclear, chemical or biological weapons proliferation. Without limiting the foregoing, You agree that the Instant Ink Service, the Instant Ink Program Cartridges, Instant Ink Ready Cartridges, and related materials may not, in violation of any Export Laws or other applicable laws or regulations, be exported or re-exported (i) into any U.S. embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
  5. NO RESPONSIBILITY FOR THIRD PARTY MATERIALS AND WEBSITES.Certain content, offers, products, services and other materials made available via the Instant Ink Service to You are from third parties (“Third Party Materials”), and You agree that HP is not liable for Third Party Materials. Your use of Third Party Materials is at Your own risk and may be subject to additional terms. In addition, links from the Instant Ink Service, the Dashboard and the Site to third party websites (“Third Party Websites”) may be provided, and HP is not liable for Third Party Websites or Third Party Materials made available through them. The HP Privacy Statement is not in effect on Third Party Websites and HP is not liable for any use of Your information by them .
  6. GOVERNING LAW AND ONLINE DISPUTE RESOLUTION. Any disputes arising out of or otherwise relating to this Agreement, whether based on contract, tort, fraud, or any other legal theory, shall be governed by the law of the United Kingdom without regard to its conflict-of-law principles. In addition, please note that You may access the Online Dispute Resolution (ODR) Platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform that is specifically designed to help consumers who have bought goods or services online and subsequently have a problem with that online purchase. It allows consumers to submit their contractual dispute and conduct the Alternative Dispute Resolution (ADR) procedure online. The ODR platform transmits disputes only to ADR bodies who are included in the national lists of ADR bodies that comply with the binding quality requirements established by the ADR Directive. Further, we remind you that you may contact HP at feedback.webmaster4@hp.com.
  7. ENTIRE AGREEMENT; ORDER OF PRECEDENCE.The terms of this Agreement, together with the Service Description Terms and other HP terms expressly referenced in this Agreement or applicable to the Instant Ink Service or an Instant Ink Program that You have agreed to, constitute the entire understanding between You and HP relating to the Service and will supersede any previous communication, representation or agreement whether oral or written. In the event of any conflict between this Agreement and any Service Description Terms, the terms of this Agreement shall control. In the event of any conflict between this Agreement and the HP Connected terms of use (https://www.hpconnected.com/hpctou), the terms of this Agreement shall control. In the event of any conflict between this Agreement and any other separate terms applicable to the Service (i.e. promotional offer terms), the conflicting separate terms will
  8. MISCELLANEOUS. HP’s failure to exercise any right under this Agreement will not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of the Agreement will remain in full force and effect. You may not assign this Agreement by operation of law or otherwise; HP may assign this Agreement. The section titles in this Agreement are for convenience only and have no legal effect. This Agreement will be interpreted without application of any strict construction in favor of You or against HP. Without limiting any other provision in this Agreement, HP shall not be liable for any failure of the Instant Ink Service, Instant Ink Program Cartridges, Instant Ink Ready Cartridges, Instant Ink Program, Dashboard or the Site which results from acts or events beyond its reasonable control. All terms in this Agreement that by their nature would survive termination of this Agreement upon cancellation of Your Instant Ink Service (including but not limited to those terms related to limits on HP’s and its affiliate’s liability, Your liability, applicable law, Your payment obligations for the Instant Ink Service, and Your obligation to return Instant Ink Program Cartridges to HP in the manner designated) will survive termination.

11. INSTANT INK PROGRAMS. HP may, from time to time, offer Instant Ink Programs to Instant Ink Service subscribers that are in addition to the Instant Ink Service described in this Agreement. Unless otherwise described in the terms and conditions governing an Instant Ink Program, each such Instant Ink Program will be governed by the terms and conditions contained in this Agreement.

  1. REFER-A-FRIEND PROGRAM. You and Your referrals (“Prospective Subscribers”) may be qualified to each receive one free month Instant Ink service (the “Referral Incentive”) through the Refer-a-Friend Program. You and Prospective Subscribers that wish to participate in the Refer-a-Friend Program must agree to the terms of this Agreement. HP is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations associated with the Refer-a-Friend Program.
    1. Referring Instant Ink. To make a referral and claim the Referral Incentive, You must provide to the Prospective Subscribers the HP provided referral link or code that is personal to You (“Referral Link/Code”). The Prospective Subscriber must follow that link or enter the referral code during the enrolment process and subscribe to the Instant Ink Service by providing the required personal and payment information and agreeing to the terms of this Agreement. A Referral Link/Code is personal to You ; You may not transfer or sell Referral Links/Codes. HP reserves the right to immediately disable Your Referral Link/Code at any time for any reason. To participate in the Refer-a-Friend Program, Your Instant Ink Service Accounts must be in good standing, and You must comply with this Agreement in order to participate in the Refer-a-Friend Program.
    2. Qualified Referrals. Only qualified referrals to Prospective Subscribers will count toward Your receipt of Referral Incentives under the Refer-a-Friend Program. Qualified referrals consist of Prospective Subscribers that (1) use a Referral Link/Code, (2) are not currently Instant Ink subscribers, (3) meet the eligibility requirements to use the Instant Ink Service, stated herein, and (4) complete the sign-up process for the Instant Ink Service with accurate personal and payment information. Prospective Subscribers that meet these qualifications are referred to herein as “Referred Subscribers”.
    3. Referral Incentive for Referred Subscribers. Each Referred Subscriber (i.e. one who has completed the Instant Ink Service enrolment process) will receive one free month of Instant Ink Service (the “Referral Incentive”), equivalent to the Referred Subscriber’s chosen Service Plan. After the free month of Service expires, Referred Subscribers will be automatically enrolled in the plan selected during enrolment, and the payment card provided will be charged the relevant monthly rate until cancellation pursuant to this Agreement. Any overages will be charged during the free month, if the number of allotted pages during the free period is exceeded. Plans can be changed or cancelled according to the terms of this Agreement.
    4. Referral Incentive for Referring Subscribers. You are eligible to receive the receive one free month of Instant Ink Service (the “Referral Incentive”), equivalent to Your then-current Service Plan level. The Referred Subscriber. Each free month of Service will apply after any existing promotional credits have been used and/or current billing cycle has ended. Any overages will be charged during the free month, if the number of allotted pages during the free period is exceeded. There is no limit to the amount of Referral Incentives that You can earn under the Refer-a-Friend Program. Referrals are subject to review at any time; if a Referral is deemed to be illegitimate, fraudulent, suspicious, in violation of the law of this Agreement, or is determined by HP to impose potential liability on HP, or any other reason as HP may deem appropriate, HP may refuse to credit You with the free month of Instant Ink Service for that referral.
    5. Other Important Terms. Referred Subscribers may only use one Referral Link/Code per subscription. Referral Incentives (i.e. free months of service under Refer-a-Friend Program) may be combined with other offers provided by HP; see the terms of the other offer for applicable terms and conditions. Referral Incentives will be redeemed after all other promotional free service offers have been used. All unused Referral Incentives will expire immediately upon termination of the Instant Ink Service for any reason. Your Referral Links/Codes will be automatically deactivated upon termination of the Service. If You have a suspended Instant Ink Service Account, You may continue to refer Prospective Subscribers, but the Referral Incentives, if any, will only be applied to Your Instant Ink Service Account if and when the suspended account is reactivated. Referral Incentives are non-refundable and cannot be transferred to new printer purchases or other Instant Ink Service Accounts. Where HP Customer Support provides a printer replacement, all earned Program Incentives will be restored on the replacement printer.
    6. Changes and Termination. HP reserves the right to change, modify, disqualify You, Prospective Subscribers, or Referred Subscribers, as well as, suspend, terminate, or discontinue the Refer-A-Friend Program in its entirety at any time with thirty (30) days’ notice to You according to Sections 3 (“Changes to this Agreement and to the Instant Ink Services”) and 9.b (“Cancellation by HP”).
  2. FIFTEEN (15) FREE PAGES PER MONTHS PROGRAM. The Fifteen (15)-Free-Pages-Per-Month Program (the “15-Free Program”, formerly referred as “Free Printing Plan”) is a plan that offers participants (“Participants”) the opportunity to print up to fifteen (15) pages per month free of charge (“Free Pages”) through the Instant Ink service. Paper is not included. To participate in the 15-Free Program  You must agree to the terms of this Agreement. HP is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations associated with the 15-Free Program. The 15-Free Program is subject to the following parameters:
    1. Rollover Pages. If, during any Month Period, You do not print all of Your Free Pages, then the unused Free Pages for that Month Period will not rollover and will not be available for use in subsequent Month Periods.
    2. Charges for additional pages. Unless otherwise specified, if You print more than the number of Free Pages in any Month Period, then HP will charge You overage fees in the amount of £1 (“Excess Fees”) for each additional block of ten (10) pages (“Overage Pages”) HP may, but is not obligated to, send You a communication when You are approaching the end of the Free Pages during a Month Period and are about to incur Excess Fees. Even if You do not receive any such communication or notice from HP, You will be liable for all Excess Fees incurred.
    3. Availability. The 15-Free Program is available only on select printer models (“Eligible Printers”). The 15-Free Program may not be available in all countries. A current list of Eligible Printers and a list of countries where the 15-Free Program is available may be found at “Check to see if your printer works with Instant Ink” section at www.hpinstantink.com.
    4. Multiple Printers. You may enroll more than one Eligible Printer per household in the 15-Free Program. An enrolled Eligible Printer shall be referred to herein as an “Enrolled Printer.”
    5. No Downgrades. If You upgrade an Enrolled Printer from the 15-Free Program to a paid Service Plan (an “Upgraded Printer”), You may not subsequently downgrade the Upgraded Printer in order to return to the 15-Free Program. Additionally, You may not downgrade a printer from a paid Service Plan to the 15-Free Program.
    6. No Re-Enrolments. If You enrol an Eligible Printer in the 15-Free Program and then subsequently cancel or otherwise terminate the enrolment for such Eligible Printer, that Eligible Printer may not be re-enrolled in the 15-Free Program again.
    7. Welcome Kits. You may not receive Your 15-Free Program welcome kit immediately. Welcome kits will be mailed at a later date, based on Your level of usage.
    8. No Combinations or Banking. The 15-Free Program may not be combined with other promotions or offers provided by HP. You may not accumulate free months from promotion codes for a future upgrade from the 15-Free Program.
    9. Changes and Termination. HP reserves the right to change, modify, suspend, terminate, or discontinue at its sole discretion the 15-Free Program in its entirety and to disqualify You from participation at any time with thirty (30) days’ notice to You according to Sections 3 (“Changes to this Agreement and to the Instant Ink Services”) and 9.b (“Cancellation by HP”).
    10. Other Provisions. By participating in the 15-Free Program, You agree to receive email marketing communications from HP, including personalized offers from HP, HP partners or other third parties that may be based on actual usage data.
  3. HP TANGO FREE PHOTOS BONUS PROGRAM. The HP Tango Free Photos Bonus Program is a plan that offers HP Instant Ink Service customers enrolled in a monthly paid Service Plan the opportunity to print photos from a smart phone or tablet on paper up to thirteen by eighteen centimeters (13x18 cm) (“Free Photos”). The Free Photos will not count towards your Service Plan Pages. HP is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations associated with the HP Tango Free Photos Bonus Program. The HP Tango Free Photos Bonus Program is not refundable or redeemable for cash, unless otherwise required by applicable law.
    1. Availability. The HP Tango Free Photos Bonus Program is available only on selected HP Tango consumer printers (“Tango Eligible Printers”) and in certain countries only. A current list of Tango Eligible Printers and countries where the HP Tango Free Photos Bonus Program is available may be found at www.hpinstantink.com/tango.
    2. HP Tango Free Photos Bonus Program Requirements. In addition to Your obligations and duties set forth in this Agreement, the following elements are required for Your use of the HP Tango Free Photos Bonus Program: (1) an active subscription on an HP Instant Ink monthly paid Service Plan for a Tango Eligible Printer; (3) an Android or iOS smartphone or tablet; and (4) the HP Smart App installed on your smartphone or tablet.
    3. Free Photo Limitations. Free Photos are limited to printed photos that are not larger than thirteen by eighteen centimetres (13x18 cm). Any photos printed on larger paper than 13x18 cm will count towards Your monthly Service Plan Pages and will not be considered as a Free Photo. Paper not included. You will be provided at least thirty (30) days’ notice of any changes or modifications to the available number or size of Free Photos via email or text message, and any such details will be posted to Your Dashboard.
    4. Managing Your HP Tango Free Photos Bonus Program through the Free Photo Metre. Your Dashboard will have a separate “Free Photo Metre” that will track the total number of Free Photos that You have printed. The Free Photo Metre will begin tracking Your Free Photos after you have (a) enrolled your Tango Eligible Printer under a paid Instant Ink Service Plan and enrolled in the HP Tango Free Photos Bonus Program.
    5. Changes and Termination. HP reserves the right to change, modify, disqualify You, Prospective Subscribers, or Referred Subscribers, as well as, suspend, terminate, or discontinue HP Tango Free Photos Bonus Program in its entirety at any time with thirty (30) days’ notice to You according to Sections 3 (“Changes to this Agreement and to the Instant Ink Services”) and 9.b (“Cancellation by HP”).