Terms/Conditions
TERMS AND CONDITIONS
These terms of use and conditions contain the terms, covenants, conditions and provisions “Terms”, upon which you may access and use this website or any of the products or services available on this website. The terms “you”, “your”, “customer” or “user” are each terms that may be used to refer to you, the customer, as a users of this website.
By accessing this site, you hereby accept and agree to be legally bound by the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions set forth herein, you may not use this site or access any features or purchase the products available on this site.
MODIFICATIONS TO TERMS AND CONDITIONS
We reserve the right to modify the Terms, without prior notice. Changes will be effective immediately and should therefore be reviewed frequently. If you continue to use the site, you are agreeing to any amendments or modifications to the site. If you do not agree to any change, modification, or amendment that we make to the Terms, you may withdraw your consent to these terms by notifying Company in writing immediately. If your consent is withdrawn, you agree to immediately discontinue your use of this Site and your account and said account will be deactivated and no order will be processed. Upon receipt of such notice, Company will deactivate your account and COMPANY products and services will no longer be available to you. This, however, does not preclude you from being liable for all outstanding financial obligations you may have with COMPANY, either for jobs completed or in the production process
ELECTRONIC COMMUNICATION
By using this website, you are agreeing to electronic communication via this website or email for any and all correspondence, including but not exclusive to legal & notice requirements, including without limitation all legal notices or any notices required by these terms or any applicable law or regulation. All communication for all purposes pertaining or relating to your purchases will occur electronically via email or postings to this Site unless Company decides to contact you personally or by written mail or overnight courier, at Company’s sole discretion. Any and all correspondence via electronic communication will be considered “in writing” and will deem them legally enforceable in a judicial setting. All emails will be sent to the address that you provide to Company when you register your account. You may notify us in writing that you no longer permit electronic communication, but that notice shall be effective prospectively Five (5) business days after receipt, and that notice shall not apply to any pending orders or any orders in production. If you discontinue electronic communication, then your account will be deactivated and you will not be authorized to make further use of this Site to order products from Company, however you will remain responsible for any outstanding balances due on orders.
ACCOUNT REGISTRATION
1. Use of this website requires account registration with Company for product & services to be administered and will allow you full access to the site and your account. Should any amendments or modifications be made to the Terms and Conditions, you may be required to acknowledge them upon log in to this Site.
2. Upon registering an account with Company, you are accepting responsibility to provide accurate and current information. This will include keeping up to date information with Company, and making changes as needed. With this registration information, you are also accepting responsibility for any and all activity that may occur under your registration information.
3. You must register your account and provide all information on the account registration form of Company, and acknowledge your acceptance of these Terms and Conditions. All accounts shall be maintained pursuant to Company’s account terms, as in effect from time to time. Failure to provide any of the information on the account registration may result in the refusal of Company to accept an order. The account registration process requires you to acknowledge your acceptance of these terms and conditions. Should any modifications be made to these terms and conditions, you may be required to acknowledge your acceptance of the modifications prior to making any future orders. Your registering for an account is an acceptance of your prospective responsibility to provide accurate and current information, including updating registration information with Company and making changes as needed. Once you register an account, you agree to be responsible for the safekeeping of your account information and you will be responsible for all activity under your account registration, even activity through a person not authorized by you to use the account.
GRANT OF LIMITED LICENSE
Upon registering your account, you are granted a limited license to use this Site and its content solely to review our products and place orders. You are not granted any right or license expressly or impliedly in any patent, trademark, copyright or property right of Company or any third party. All meta data, meta tags or other hidden text or data using Company’s name or trademarks without Company’s written consent is expressly prohibited. You agree not to make any commercial use of this Site, nor copy, reproduce, distribute any content of this Site. Company reserves the right to terminate your limited license, you account and your access to this Site should you make or permit any unauthorized use of the Site or its contents.
FILE CONTENT
1. With the submission of any files to Company, you (or your customer) are accepting responsibility for any and all content contained in those files. Including, but not exclusive to: text, photos and graphics that may be registered under the copyright laws. By submitting such files, you are agreeing that you, or the originator of the files, have ownership or permission to use such elements in production, and Company will not be held responsible for any misuse of material. For certain product and services offered, you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials to Company to include in the products you order. You agree to be solely responsible for all such content you submit.
RETENTION OF RIGHT TO REFUSE PRODUCTION
Company has the right to refuse production at any time of any material that we deem to be inappropriate, unlawful, threatening, abusive and obscene. In conjunction with this, Company will not be held responsible for any files that may be uploaded to our site and may disclose any such content as required by law.
ARTWORK
1. The Company prepress department will perform a flight check or file check on all files submitted to Company, but you, the customer, is still fully responsible for the press ready art provided, including, but not exclusive to, proofreading, grammar, and color.
2. Company will carefully look over your job to ensure that any elements needed to properly reproduce your job have been submitted. If they have not, you will be contacted and asked to submit these items.
3. If any problems have been found with your files and Company is capable of making the corrections and or changes, we will do so, possibly at an additional cost to you. If we are unable to do so, or if you are not willing to pay the fee for such changes, you will be asked to make said changes and resubmit new art. If new or revised art is being submitted, there will be a fee for us to flight check and prep the files again. If however, the files have been resubmitted due to a failure in the initial submission, there will not be an additional fee.
4. Files should be submitted in CMYK mode if being printed in four color process and will meet industry standards. Company does not guarantee color match between monitor and final print production, or with files submitted in RGB mode due to color shifts in color conversion. In files that were created using spot PMS colors, then converted to CMYK and printed, there will also be some color shifts due to limitation in the color conversion process. These are factors that are beyond the control of Company and we will not be held responsible for any discrepancies with the color variation. Please see our File Prep area for information.
PROOFING
1. Upon placing an order with Company online, you have the option of an instant proof or a pdf proof, and in some instances a contract proof. If a pdf or contract proof is required, one will be provided to you in a timely manner after it is put into production, but actual time may vary depending on current workload or any possible issues that we may encounter with submitted files.
2. If a contract proof has been submitted for approval, it will not represent exact color match, type of paper or print quality. It is for composition and layout only.
3. Once a proof has been “Approved”, “Approved with Changes”, or given a verbal approval by you, it will be put into production and Company holds no responsibility for content errors, including, but not exclusive to, misspelling, grammar, incorrect dates or design issues.
4. Any jobs that are submitted to a customer for proof approval may be subject to ship date change at any time by Company. Therefore, to ensure a timely turnaround on an order, it is in your best interest to return the proof approval to us as soon as possible, so that we may meet the requested ship date, and allow enough time for finishing work that your job may require.
5. If your order has been out on proof for a period of time longer than 30 days, it may be subject to cancellation and you will be billed for any charges incurred.
6. When submitting a job that has a quick turnaround time, a rush fee may be applied and Company’s express acknowledgment shall be required.
MAILING SERVICES
1. Any jobs that may require mailing service will require additional time allotted for production. A processing fee of the mailing data will be applied. Company’s normal mailing services will apply to all mailing databases submitted, however, Company does not generate mailing lists.
2. If any problems are found with the submitted data, you will be contacted and asked to make any necessary changes and submit new files, at which time an additional processing fee may be applied. If we are able to make said changes, we will do so, possibly at an additional charge.
3. If a pdf or contract proof are required on a job with variable data, it is the normal practice of Company to submit that proof with actual live data. If you are requesting a proof prior to data submission, Company will do so upon special request. However, the job will not proceed into production until a usable database is received and an additional proof is submitted and approved.
4. Company will not ship/mail any jobs prior to receiving postage payment.
5. Once a job has been mailed/delivered to the post office, Company will not be held responsible for untimely delivery or fluctuations in delivery time from the USPS.
6. Company has a full service mailing department that includes final delivery to the local post office. In the event that your job requires delivery to a different location via a 3rd party shipping method (ie. UPS, Fed Ex), Company will not be held responsible if delivery to requested/stated location is not met. Thus, Company is not responsible for late receipt, possible loss of revenue, cost to deliver to new location.
VARIABLE DATA
1. Any jobs requiring variable data will require detailed instruction, in writing, upon job placement. This may include any mailing information, prize information, and additional variable areas that will be pertinent to the job.
2. If a database is required, Company can generate one, at an additional charge, with the exception of mailing lists.
3. Company will not be held responsible for any data submitted that is incorrect and subsequently printed. It is your responsibility to properly proof any database prior to submission to Company.
4. Company reserves the right to adjust any files as needed to accommodate for variable data. This may include, changing size or color. In the event that the variable information will not fit into the required area, the customer may be contacted to reduce the amount of information to appropriately fit the area in question.
PRICE
Generally, if you choose a product or service for which there is standardized pricing, the price will appear in your shopping cart. If the job is materially different from the job that you select on the Site, then Company will contact you either personally or electronically to clear the discrepancy. You understand that in such an instance, no production shall occur until the discrepancy is resolved and the variance in specifications may involve a change in pricing. The pricing quoted on any quote requests to Company are based upon Company’s understanding of the job in question. Once the job is submitted, if the specifications of the job are not in conjunction with or are more extensive than the specifications contained within the quote request or understood by Company, the Company reserves the right to make changes to the quote. These changes may involve a change in the quote.
CANCELLATION OF A JOB
1. In the event that a job needs to be canceled, a $15.00 fee will charged if the job has already been entered into production. If the job is canceled prior to it being entered into production, no fee will be assessed.
2. Any time that has been put into the order will also be billed accordingly. These may include pre-press or file preparation, proofs, stock that has been ordered and plates that may have been produced.
3. If you need to cancel an order that has been placed, you may call 1-800-443-2845 and speak to one of customer service representatives.
CHANGES MADE TO AN ONLINE ORDER
In the event that changes need to made to an online order whether it is a spec change or a copy change there will be a $15.00 charge to make the changes plus any rework that needs to be done.
REPRESENTATIONS AND WARRANTIES OF CUSTOMER
By submitting a print order, you represent and warrant, that: (i) you have all necessary legal right to the design and print media as well as all text, photos and graphics and that none of the foregoing infringes upon any copyright, trademark or other intellectual property right of any other party; (ii) that any media files are free from virus, malicious or obscene material; (iii) that no material submitted will invade the privacy of any person or encourage, further or conceal the commission of any crime. You hereby agree to indemnify and hold harmless Company from any breach of the foregoing warranties, as well as all incidental and consequential damages that result from that breach. You further agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand, or claim, and to pay any attorney’s fees incurred by Company in defending against such suit, demand or claim. Company retains the right to refuse any order that involves any material or subject that Company deems inappropriate, unlawful, offensive, threatening, abusive, malicious or obscene, in Company’s sole discretion. You are agree to solely and exclusively responsible for and to indemnify and hold Company harmless from any and all claims, liabilities, actions, lawsuits or causes of action that arise from any files that you upload to our Site. You further acknowledge that Company will have the right, but not the obligation, in its sole discretion, to remove any material uploaded by you or to refuse any print order that violates the terms of this Site.
INDEMNITY
YOU AGREE THAT YOU SHALL INDEMNIFY AND DEFEND AND HOLD COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVANTS AND SUBSIDIARIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LAWSUITS, LIABILITIES, LOSSED, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND FEES OF EXPERT WITNESSES AND CONSULTANTS) THAT ARISE FROM: (a) THE BREACH BY YOU OF ANY TERMS OR CONDITIONS OF THIS SITE; (b) ANY CLAIM THAT ANY MATERIAL SUBMITTED BY YOU INFRINGES UPON THE COPYRIGHT, TRADEMARK OR OTHER PROPERTY RIGHTS OF ANY THIRD PARTY; OR (c) YOUR USE OF THE SITE OR OF ANY PRODUCTS OR SERVICES ORDERED FROM THE SITE.
DISCLAIMER OF WARRANTY/LIMITED LIABILITY
THIS SITE, AND ITS CONTENTS, AND THE SERVICES AND PRODUCTS DESCRIBED HEREIN, WILL BE PROVIDED ON AN AS-IS, WHERE-IS BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY OF TITLE, NON-INFRINGMENT, OR FREEDOM FROM ANY MALICIOUS SOFTWARE WITH REGARD TO ANY PRODUCT PRODUCED BY COMPANY PURSUANT TO THESE TERMS OR WITH REGARD TO THE USE OF THIS SITE.
NEITHER COMPANY NOR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES SHALL BE LIABLE TO ANY PERSON OE ENTITY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST PROFITS, UNDER ANY LEGAL THEORY REGARDLESS OF WHETHER THE FORM OF THE ACTION IS IN TORT OR CONTRACT ARISING FROM OR RELATING TO:
1) THE USE OF THIS SITE;
2) ERRORS IN THE SITE OR THE PRODUCTS OR SERVICES OFFERED HEREIN;
3) THE USE OF THE SITE OR THE PRODUCTS OR SERVICES OFFERED HEREIN;
4) YOUR INABILITY TO USE OR ACCESS THE SITE;
5) THE NONDELIVERY OR LATE DELIVERY OF ANY PRODUCT OR SERVICE ORDERED ON THE SITE;
6) CONTAMINATION BY AN MALICIOUS SOFTWARE FROM THE SITE; OR
7) THE NATURE OR CONTENT OF ANY DATA ON THE SITE.
COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES IN ADDITION TO AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY WITH REGARD TO THE ORDER IN QUESTION. YOU AGREE THAT OUR LIABILITY FOR ANY ERROR, MISTAKE, FAILURE OF THE ORDER TO CONFORM TO ANY SPECIFICATIONS IS EXPRESSLY LIMITED TO THE AMOUNT ACTUALLY PAID TO COMPANY FOR THE SERVICES RESULTING IN SUCH ERROR, MISTAKE OR FAILURE TO PERFORM.
RETURNS/REFUNDS
Company warrants that products delivered pursuant to an order on this Site shall be free from defects within industry tolerances. If you believe your product is defective, you must contact the Company within Five (5) business days of the receipt of delivery of the product, specifying the nature of the issue. Company will respond to your claim within Five (5) business days of the receipt of the claim. If Company determines that the product is defective, then the Company may reprint the order, refund a portion of the price, or make a full refund. You will respond promptly to any request of the Company for a sample or samples of allegedly defective product or for additional information. The exclusive remedy for defective product shall be a reprint or a full or partial refund. If Company agrees to reprint or refund, and you agree to that resolution as a full and complete settlement of your claim, then you must return all defective product. All returned product must be in new and unused condition. Any rush fees are not refundable.
SHIPPING ISSUES
Company shall not be responsible for any delays caused by any delivery service or carrier or any damage to produce they may cause. Your order may arrive late due to delays in delivery beyond our control. Shipping charges are imposed for each product ordered, and insurance shall be added to each delivery to cover loss or damage by the shipper.
RETENTION OR DISCLOSURE OF UPLOADED MATERIAL
You agree that Company may retain any material you submit or may disclose the same to the extent Company is required to do so by legal compulsion, whether or not the same is later overturned or enjoined, or based upon the good faith belief that disclosure is necessary to comply with legal compulsion, enforce the terms of this Site, or to respond to any third party complaint.
DELIVERY
Company’s standard production time prior to deliver to a carrier for delivery on product ordered is dependent upon the product ordered. You may request a different production time, but if you fail to do so, then our standard production time shall apply. Production Time shall not include the time during which the product is in the hands of a shipper. The estimated date you will receive an order is the combination of the selected turnaround time and shipping time. Once your order is placed, the production time may not be changed without our consent, and may involve an additional charge. We will advise you of any additional charges when you request our consent. Depending upon the product ordered, the Company offers a variety of different production times, but not all production times are offered or are available on every product at all times. If a selected production time is not available due a to a full schedule you will be notified shortly after the order is placed where at that time you may agree to a different production time or be given the option to cancel at no charge. As part of the order you make, your available choices for production times will be listed.
Next Business Day – All production ready jobs received and confirmed by 10 a.m. will be ready to proceed to shipment by the end of the next business day. Production ready jobs not placed and confirmed by 10 a.m. will be treated as if received by 10a.m. the following day.
Next Day Plus 1 – All production ready jobs received and confirmed by no later than 1:00 p.m. will be ready to proceed to shipment by the end of the second business day after receipt. Production ready jobs not placed and confirmed by 1:00 p.m. will be treated as having been received before 1:00 p.m. the following business day after receipt.
2-4 Day – All production ready jobs received and confirmed by no later than 1:00 p.m. will be ready to proceed to shipment between 1:00 p.m. on the second business day after receipt and 1:00 p.m. the fourth business day after receipt.
3-5 Day – All production ready jobs received and confirmed by no later than 1:00 p.m. will be ready to proceed to shipment between 1:00 p.m. on the third business day after receipt and 1:00 p.m. on the fifth business day after receipt.
5-7 Day – All production ready jobs received and confirmed by no later than 1:00 p.m. will be ready to proceed to shipment between 1:00 p.m. on the fifth business day after receipt and 1:00p.m. on the seventh business day after receipt.
“Production Ready” shall mean the submission of a print ready high resolution multiple page (if applicable) pdf file, and whether an order is production ready shall be determined in the sole discretion of the Company. Examples of orders which are not Production Ready, shall include without limitation: orders upon which there are problems, viruses, which are unstable, which require a proof or any other problem which requires additional work before it can be placed into production.
MISC
This document, and all electronic documents, terms, policies, rules, emails, postings or guidelines incorporated herein will be deemed to be a “writing” under any legal requirement for a writing, and shall be legally enforceable as a signed writing as against you and the Company. When printed, they shall constitute an “original writing” that is admissible in all legal or administrative proceedings.
Company shall mean Victor Printing, Inc.
The Terms and Conditions shall be construed and governed in accordance with Pennsylvania law, excluding all conflict of law provisions. All actions arising out of or relating to the use of the Site or the purchase of products or services from the Site shall be filed and adjudicated only in the State Court in Mercer County, Pennsylvania. You hereby consent and submit to the exclusive jurisdiction of the State Court in Mercer County, Pennsylvania.
It is the intention of the parties that this Agreement and the Terms and Conditions are not to be governed by any international treaty or convention, including without limitation the United Nations Convention of Contracts for the International Sale of Goods.
Company will take reasonable steps to protect and safeguard private and personal data you submit through the Site, and will use “secure servers” and encryption software. However, no system is immune from unauthorized infiltration, and it is not possible for Company to guaranty absolute confidentiality and security from third parties.
Company reserves the right to refuse to make the Site available to any person for any reason not prohibited by law, and in the event that the Site is rendered unavailable to you, the Terms of the Site shall remain applicable to all matters pertaining to you