TERMS AND CONDITIONS OF USE
By using any website, domain, service, application or product owned or operated by Printcraft Press, Inc., or our wholly owned subsidiaries, including those “powered by” another company on our behalf (each, a “Service“) or requesting a quote or sending us a file or signing up as a client or user of any Service, you agree to be legally bound by these Terms and Conditions of Use (these “Terms“), including those terms and conditions incorporated by reference. We may revise these Terms at any time by updating this posting. You should visit this web page periodically to review these Terms and Conditions, because they are binding on you. Printcraft Press, Inc., is sometimes referred to in these Terms using the terms “us”, “we”, “our” and similar terms. References herein to a Service shall be deemed to include all text, images, photographs, user interface, “look” and “feel”, data and other content related to such Service wherever the context of the applicable reference so warrants.You acknowledge and agree that we shall have the right (but not the obligation) in our sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms or is otherwise objectionable, including, without limitation, projects or content that are illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities.
You acknowledge, consent and agree that we may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect our rights, property, or safety of the rights, property, or safety of our users or the public.
1. Our Services
(a) Description. We provide an online offering where individuals or entities that have signed up with us as clients (each, a “Client“) can post specific assignments and project descriptions, including illustrative samples or other media (each, a “Work Order“), revise those Work Orders (each, a “Revision Request“) and obtain responses (each, a “Response“) to those Work Orders or Revision Requests from design experts retained by us or otherwise affiliated with us or the Services (“Members“). We will provide you, as the Client, with certain of the Services according to the Product or Service you have chosen as detailed in our Work Order. Your Responses will be created iteratively through a drafting and proofing cycle of Work Orders, Revision Requests and Responses, ultimately resulting in a final Product, Service, or Response conforming to your various Work Orders and Revision Requests.
(b) Quotations/Estimates. Prices posted on this website are subject to change without notice. Written estimates are good for 30 days. An estimate not accepted within 30 days may be changed.
(c) Work Orders, Order Approval/Proofs and Revision Requests. You are solely responsible for preparing and submitting detailed descriptions of each of your Work Orders as permitted by the Services, including providing samples illustrating your Work Order and any relevant deadlines.
Orders are printed in their "as submitted" form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. Printcraft Press, Inc., DOES NOT make any changes on customer files. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. Printcraft Press, Inc., will assume that you have verified the spelling, grammar, content and layout, et cetera and are all correct and we will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.
Printcraft Press, Inc., does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original and to correct any spelling, grammatical and/or other errors.
If you request a proof your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.
We are under no obligation to review a Work Order, Proof, or Revision Request for any purpose, including accuracy, completeness of information, quality or clarity. We may decide, in our sole discretion, to deny a Work Order or Revision Request.(d) Reviewing Responses. You are responsible for reviewing any Responses you receive. If you fail to promptly inform us that a Response is not reasonably responsive to the related Revision Request or Work Order, you will be deemed to have accepted the Response. If you notify us that you think a Response is not reasonably responsive to the related Work Order, you shall then submit to the Services a Revised Work Order containing information regarding amendments or modification to be made to the initial Response. After you provide us with a Revision Work Order, you may receive a subsequent Response through the Services that conforms to the additional criteria you requested. We are not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.
(e) Revision Cycles. Revision cycles generally consist of 2-6 additional compositions that incorporate changes you request in a Revised Work Order. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however; we reserve the right to charge $50 for each such Revision. No revision work, which requires payment, will be started without your authorization.
(f) Client Accounts. When you register for the Services, you must pay for the Services via credit card, or other payment method expressly authorized by us. You will be charged for the Product or Service you have selected. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Client. We will email you a receipt for the transactions in which you are involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before we implement any such change in fees.
(g) Payment Terms. ALL orders must be prepaid due to the speed of our turnaround. In the event the details of an order/job have been modified and an unpaid balance is created, the card used to place the original order will be charged. Charges typically will occur within 24-48 hours of the modification, but can take up to 45 days depending on our current workload as these charges must first be individually verified by a human.
(h) Late Payments. All payments that are not received within 30 days from when the order was placed or by agreed upon date will be assessed a 20% late payment charge.
(i) Flyer Tagging. Printcraft Press, Inc., reserves the right to place a tag similar to "Printed by ppiprint.com" on the printed material unless customer states that they would prefer it not to appear when initially placing order. There may be a fee added if you elect not to have a tag placed on your flyer. Under no circumstances will Printcraft Press, Inc., tag business cards or reseller accounts.
(j) Current Specials. In order to receive the discounts associated with Printcraft Press, Inc.'s "Current Specials", you must input the appropriate/relevant promotion code when placing your order. If you do not input the appropriate/relevant promotion code, you WILL NOT receive a discount and discounts will not be applied retroactively after the order has been placed. If participating in company specials or receiving discounts, you agree to be a member of our mailing list; if you are not already and you also agree to authorize Printcraft Press, Inc., to tag your printed flyer unless you are a reseller or otherwise agreed upon.Specials are only available to eligible customers and specials can be updated at any time.
(k) Cancellations. Cancelled orders require compensation for incurred costs and related obligations at the time of cancellation. Due to the speed of our turnaround, you may only cancel a job the same business day you place your order. The cancellation must occur before the cutoff time that applies to your order and the related product(s) that were ordered. A minimum charge of $35 + 3% of total job cost (includes shipping) is applied to jobs canceled. No refunds will be issued for orders cancelled after the business day order was placed. In those instances we will issue store credit.
(l) Refunds. Under no circumstances will Printcraft Press, Inc., issue a refund. We only issue store credit. Additionally, you acknowledge that you have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same which you have not fully paid for.
(m) Credit Card Forced Refund/Chargeback Policy. All credit card issues and/or disputes on products or services purchased by your credit card authorization from Printcraft Press, Inc., shall be dealt with between the customer and ppiprint.com. By agreeing to these terms and conditions the customer agrees to never chargeback a purchase for any reason.
(n) Store Credit. Under no circumstances will store credit be exchanged for cash. Store credit may not be combined with any current specials or other promotion.
(o) Accuracy of Specifications. Quotations are based on the accuracy of the specifications provided. Printcraft Press, Inc., can re-quote a job at the time of submission if the art does not conform to the information on which the original estimate was based. Orders placed with Printcraft Press, Inc., are to the client's knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order.
(p) Project Duration. You agree to provide timely responses to any status notifications that we send to you. You shall have 30 days to respond to each Response sent to you. If after 30 days you have failed to respond, we will assume that your project is complete and the project shall be deemed completed. At such time, we will have no further obligation to you, and you will pay us pursuant to the provisions of these Terms. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to terminate your access to all or any portion of the Services, at any time, with or without notice. In the event of such termination, we will determine, in our sole discretion, whether you are entitled to any refund.
2. Eligibility, Access, Use and Service
(a) Eligibility Requirements. To register as a Client, you must be at least 18 years of age, agree to these Terms and our privacy policy (located at https://ppiprint.com/privacy), and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms. We may accept or reject your registration in our sole discretion.
(b) Authorization to Use; Permitted Uses. You may access and use the Services solely in accordance with these Terms and any posted policies and procedures that are posted or otherwise provided in connection with the Services. You may provide Work Orders and obtain Responses only if you register as a Client. Any use of the Services is at your sole risk and responsibility. Subject to these Terms, you may (i) display the Services on an Internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute “fair use” under United States copyright law, print copies of insubstantial portions of the Services.
(c) Prohibited Uses. Except as expressly permitted in these Terms and Conditions, you may not display or print the content from the Services and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works related to the Services. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Services, and with such further limitations or rules as may be posted or otherwise provided in connection with the Services. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Services that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (I) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (II) delete or revise any material or other information of any other user of the Services; (III) take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure; (IV) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted through the Services; (V) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from us through the Services and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer, Google Chrome); or (VI) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Services.
(d) Security. You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Services; (iv) sending unsolicited email to any user of the Services, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to review postings on the Services, to remove any postings, and to terminate your ability to communicate with, or post to, the Services at any time without notice, in our sole discretion. We will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Services, but reserve the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.
(e) Operation of Services. We are not responsible for any delays or interruptions of, or errors or omissions contained in, the Services. We reserve the right, but are not required, to correct any such delays, interruptions, errors or omissions. Although we intend to use commercially reasonable efforts to make the Services accessible, we make no representation, warranty or covenant that the Services will be available at all times or at any time. We may at any time discontinue the Services in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. We will not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.
3. Registration, Password, User Identity
(a) Your User Identity. When you register as a Client, you will create a user identity (your “User Identity“), which will be your identity for purposes of interacting with other users through the Services. Your User Identity will include certain personal information, such as, the industry in which you operate. However, your user name need not be your real name. During the registration process, the fields requesting information that will be made available to others as part of your User Identity are identified. You are responsible for ensuring that you are comfortable making such information available to other users of the Services.
(b) Access Numbers, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms, your User Identity, registration identification and password for the Services. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorized use of your registration identification or password or of the Services. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
(c) Security Breaches and Revision. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
4. Ownership; Rights to Use
(a) The Services Generally. Except as expressly contemplated under these Terms, as between us and you, we will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Services, and in all Responses, logos and other materials created using the Services, in all media now known or later devised, to the fullest extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice posted in connection with the Services or any portion thereof. You shall not use or permit any third party to use our name, trademarks, trade names, or trade dress, including “Printcraft Press, Inc.”, without our prior written consent, as determined in our sole discretion, for each such use.
(b) Creative and Response Briefs. Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Services (collectively, the “Client Information“), we and our Members and other agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining and preparing Responses and for archival purposes.
(c) Our Rights. Upon your submission of Client Information to the Service, you grant us and our agents a royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information and any Final Product, for the full term of any intellectual property rights that may exist in such Client Information or the Final Product, as applicable.
(d) Rights of Clients. Subject to your compliance with these Terms, you shall own the final Response composition provided to you by us (the “Final Product“). You shall not, however, own the Creative and Revision Briefs, individual Responses provided to you or any materials, media or other content generated during any revision cycles leading up to the Final Product, and we expressly reserve all right, title and interest in and to the same. For greater clarity, we retain the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these Terms are limited to the Final Product, and that no ownership interest in any trademarks or service marks contained in or made a part of any Final Product are being conveyed under these Terms. You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall we be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.
5. Non-Disclosure and Privacy
We intend to use commercially reasonable efforts to follow our privacy policy, as such privacy policy may be changed from time to time at our sole discretion. Notwithstanding the foregoing, we cannot and do not assume any responsibility or liability for any information submitted to us in connection with the Services or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.
6. Disclaimers; Indemnification; Limitations of Liability
(a) Responsibility for Content. We shall not be responsible for any use that is or is not made of the Services. Without limiting the foregoing, we make no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Work Order, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Services, whether by Members, Clients, us or otherwise, nor do we endorse any opinions expressed by any user of the Services, including any Member or Client. Without limiting the foregoing, we make no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Term Sheet, Response or User Identity, communicated through or posted in connection with the Services will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights.
(b) Links to Third-Party Services. The Services may contain links to third-party web sites or other services (the “Linked Content“). The Linked Content is not under our control and we are not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. We are providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by us of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties. THE SERVICES AND THE RESPONSES ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(d) Release from Claims. The Services serve solely as a venue for the creation of work and we dos not regularly screen or censor any information or material posted in connection with the Services. Although we make commercially reasonable efforts to determine the identity of Clients, we cannot and does not confirm that any Client, Member or other user is who they claim to be or that any Client, Member or other user has the qualifications he or she claims to have. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants in connection with the Services, if you have a dispute with one or more users, you hereby release us (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
(e) Indemnification. You hereby agree to defend, indemnify and hold harmless us and our subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms or use of the Services, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees.
(f) Electronic Manuscripts/Images. It is the client's responsibility to maintain a copy of the original computer files, artwork and transparencies. Printcraft Press, Inc., is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until Printcraft Press, Inc., can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at our current rates. Printcraft Press, Inc., does not archive your work for longer than it takes to produce the final product. Please save your work!
(g) Alterations/Corrections. Client alterations must be specified in writing and must include all corrections or changes from the original specifications. Such work will be charged at our current design rate.
(h) Prepress/Hardcopy Proofs. When ordered by the customer, Printcraft Press, Inc., will submit color proofs for the customer's review and approval. Shipping charges may be assessed when sending a proof via mail, courier or any means other then pickup. To request a proof you must order it through the website shopping cart system when placing your print order. Proofs must be returned to Printcraft Press, Inc., marked "O.K." or "Revised Proof Required" and signed by the customer. Until the proof is returned, no additional work will be performed. Printcraft Press, Inc., will not be responsible for undetected production errors if:
Proofs are waived by the client;
The work is printed per the client's written OK; Requests for changes are communicated verbally. All requests for changes of any kind must be made in writing to avoid mistakes.
(i) Color Proofing. Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a "pleasing color" variation between color proofs and the completed job [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance.
(j) Overruns/Underruns. The generally accepted trade practice is plus or minus 10%.
(k) Delivery/3rd Party Shipping/Pickup. Charges for delivery of materials and supplies from the client or the client's supplier to Printcraft Press, Inc., are not included in quotations unless specified. Printcraft Press, Inc., is not responsible for delays and/or damage incurred during shipping. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon payment in full of invoices for the finished work, whichever comes first. If the "pickup" option is selected when the order is originally placed you will have 15 calendar days to retrieve materials. If more than 15 calendar days elapses the order is considered abandoned and Printcraft Press, Inc., has the right to discard materials, unless otherwise agreed upon in writing. Orders that have delivery or shipping selected will be shipped immediately upon completion with the exceptions of holidays or if the shop is closed due to inclement weather, pandemic, or other unforeseen circumstances.
(l) Claims. Claims for defects, damages, or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made, Printcraft Press, Inc., and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that Printcraft Press, Inc.,' performance has fully satisfied all terms, conditions and specifications. Any disputes on products or services purchased by your credit card authorization from Printcraft Press, Inc., shall be dealt with between the customer and Printcraft Press, Inc.
(m) Right to Subcontract. Printcraft Press, Inc., shall have the right to assign any portion of the work required to another vendor.
(n) Workmanship Guarantee. We guarantee all orders to be within generally accepted trade standards and specs, and to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the job or issue the customer a credit at our sole discretion.
*Important information:
Print turnaround is based from when production begins.
When placing an order we will print the corresponding size that is selected unless otherwise stated in the details/special instructions. (if you can not find your desired size, please pick the next size up i.e. if you want a 4x4 flyer you would select "CD Insert (4.75 x 4.75)" and note in the special instructions that you want a 4x4.
The final piece MAY be up to an 1/8th inch smaller or larger than actual order size unless exact size is selected.
The final piece MAY slide up, down, left, or right 1/16th inch to 1/8th inch in either direction. So we strongly recommend that you DO NOT use borders in your artwork. The final piece MAY be cut slightly uneven, 0 to 10 degree shifts are considered acceptable.
When reordering, colors MAY be slightly different then original order (unless a proof is purchased and color matching is purchased for an additional fee). If files are submitted and do not meet our bleed specifications, Printcraft Press, Inc., reserves the right to add a border to the artwork.
If files are submitted in RGB mode, you are authorizing Printcraft Press, Inc., to convert the file(s) to CMYK mode (converting files from RGB to CMYK may cause color shifting as well as other undesirable results).
If we only receive one file for a job we will assume that file is to be used for side 1 and side two is blank, unless otherwise stated. We will NOT accept files that are emailed. All orders MUST be placed through the website.
(o) Reprints. If for any reason we must reprint a job, we MUST use the original files uploaded. Under no circumstances will we accept new files for the reprint.
(p) Turnaround Estimate. Purchasing non-standard upgraded turnaround should NOT be construed as a guarantee and does not apply to any additional production. Additional production includes, but is not limited to folding, scoring, perforating, die-cutting and drilling.
Print turnaround times displayed on the price calculator page are only estimates. At Printcraft Press, Inc., discretion, if a job does ship by the estimated turnaround, Printcraft Press, Inc., may issue a store credit towards the customer's next order, but the customer must request this credit. The amount of the credit is at the discretion of Printcraft Press, Inc.,. Resellers do not qualify for store credit. Exceptions to the issuance of store credit include, but are not limited to equipment failure/power outages, 3rd party shipping errors and "acts of god".
(q) Samples. Printcraft Press, Inc., may use your product for samples or advertising purposes.
(r) Billing. Our name will appear as "Printcraft Press, Inc., or Printcraft Printing or Printcraft" on your credit card statement.
(s) Billing Penalties. There will be a $25 charge for all returned checks.
(t) Inkjet Proofs. Inkjet and laser prints are known to look substantially different than offset printing. We offer quick turnaround and low prices by printing to a "pleasing color" standard, using standard ink densities. There is no guarantee that your finished piece will match your printed proof. This is due to the varying results from different output devices including inkjet printers, continuous tone proofing devices, and film-based proofs.
(u) Changes to our Terms & Conditions Policy. Printcraft Press, Inc., may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we state otherwise.
(v) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICES) EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. OUR TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO US FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
7. Communication
By using the Services, you agree to receive, via email or otherwise, status notifications, a monthly newsletter, and carefully selected special offers and promotions for certain products and services that we believe could be of value to our Clients. This is essential to maintaining the low-cost of the Services. You are free to unsubscribe from any newsletters we send to you at any time. We may or may not use a third party to send e-mail or otherwise contact you, however, your personal identifying information will never be disclosed or shared with another party in a manner inconsistent with our privacy policy.
8. Miscellaneous Provisions
(a) Entire Agreement. These Terms set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by us (e.g., our privacy policy) as a condition precedent to Clients’ use of the Services), between you and us regarding the subject matter of these Terms.
(b) Amendment. No modification, amendment, or waiver of these Terms or any part hereof shall be binding unless evidenced in writing and signed by one of our authorized corporate officers.
(c) Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.
(d) Mutual Participation. The language of these Terms shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto.
(e) Headings. The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms.
(f) Choice of Law; Forum. These Terms and Conditions shall be governed by the substantive law of the State of Indiana without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms shall be submitted to the federal courts having jurisdiction in Kokomo, Indiana, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.
(g) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless we agree in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. We may assign or otherwise transfer any of our rights or the performance of any of our duties without your consent.
(h) Waiver. Any waiver by us of a breach or a violation of any provision of these Terms shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms.
(i) Independent Contractors. The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
(j) Force Majeure. If the performance of any part of these Terms by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
(k) Capacity. The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and to fulfill their obligations hereunder.
(l) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms.