TERMS OF SERVICE

Customer Acknowledgement:

I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I may not be able to make any changes once my order is placed, and that I assume all responsibility for typographical errors. By submitting my order to Printomatic, I agree to the Printomatic Terms and Conditions set out below.

Printomatic Terms and Conditions:

IMPORTANT NOTICE

**PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. Printomatic RESERVES THE RIGHT TO CHANGE, MODIFY, OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

1. ORDER APPROVAL

The customer is fully responsible for final proof and layout approval prior to the printing process. Printomatic is NOT LIABLE for errors in a final product caused by any of the following reasons: language and grammar, graphics, bleeds, damaged fonts, overprinting, form fields, files not built to template or page order.

2. COPYRIGHT

All material used/found on this Website or used in the production of your order is subject to Copyright. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy, or republish any of the material and software contained on the Printomatic website and/or its subsidiaries (referred to herein as Printomatic) or the copyrighted property of parties from whom Printomatic has licensed such property. The customer (sometimes referred to for convenience as “you”) may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Printomatic Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. Printomatic’s policy also states that you cannot use explicit language or pornography on printed materials and merchandise.

3. CUSTOMER CONTENT

All information, data, text, photographs, graphics, messages, or other materials supplied by the customer (“Content”) are the sole responsibility of the customer. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree not to use the Service to send, upload, post, or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy, or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of Canada or the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of Canada or the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Printomatic or any third party. Printomatic does not control the Content uploaded by Customers and does not guarantee the accuracy, integrity, or quality of the Content. Under no circumstances will Printomatic be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent, or objectionable. Products and services are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

You acknowledge that Printomatic does not pre-screen Content, but that Printomatic and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Printomatic may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Printomatic, its users, and the public.

4. GOVERNING LAW

Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Ontario. You agree to submit to the jurisdiction of Ontario courts and agree that venue in these courts is proper in any such legal action or proceeding.

5. LIMITATION OF LIABILITY

In no event shall Printomatic or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from the loss of use, data, or profits, whether or not Printomatic has been advised of the possibility of the damage, arising out of or in connection with the use or performance of the site or the failure to provide services that you order from Printomatic or its affiliates, including, without limitation, damages arising from a mistake, omission, virus, delay, or interruption of service. In no event shall Printomatic be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content. Printomatic reserves the right to refuse service without disclosing a reason.

6. INDEMNITY

You agree that you shall indemnify and defend Printomatic and all parties from whom Printomatic has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic, or other material you incorporated into Products.

7. CUSTOMER SUBMITTED ARTWORK OR GRAPHICS

All artwork or designs and images must be provided in CMYK format. Printomatic is not responsible for any color shift that occurs in conversions from RGB or spot colors to CMYK color modes. All artwork, designs, and images must be provided in a minimum of 300 DPI and CMYK color mode. Printomatic is not responsible for images printed as fuzzy, distorted, or pixilated due to customer-provided artwork.

8. COLOR PROOFING AND MATCHING

Printomatic is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. While Printomatic will try its best to match the gradient density of each color, Printomatic is not liable for the final appearance of a color. Stock and coating, especially uncoated stock, may affect or change the appearance of the printed colors. Printomatic is not liable for the final color appearance of its products. Because of differences in equipment, paper and inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable, and shall constitute an acceptable delivery. Printomatic will make every effort to produce a reasonable representation based on materials supplied by the customer; however, Printomatic does not guarantee color matching. Unfortunately, from time to time, there is a misrepresentation of color due to soft proofing because of the calibration of one monitor to another.

9. PRODUCT IMAGES

All Product Images are for example and may not be real.

10. TRIMMING AND FOLDING

While Printomatic will try its best to trim and fold each job accurately as per the order specs and artwork, Printomatic is not liable for up to 0.0625″ of trimming and folding variance on each side. The design of the artwork should not be dependent on exact trimming or fold dimensions.

11. ORDER CANCELLATION

Orders are eligible for cancellation upon request via a support ticket until the commencement of imposition, subject to applicable cancellation charges. A store credit will be issued with a value equal to the cancelled job(s). If a job is canceled before the printing process begins, we will charge a cancellation fee of 20% of the total order value. Once the order has been placed successfully, charges for any labor hours (proof, file adjustment, etc.), or administrative fees (credit card fees, etc.) will be subtracted from your store credit. In cases where a job is already imposed but cancellation may still be possible before printing, No Refunds are issued for file adjustment services.

12. RETURNS AND REFUNDS

Since each order is unique to the customer and has no resale value, All Sales Are Final. If we verify that we made an error, we will reprint the order or issue a credit or refund accordingly. The customer must notify Printomatic within 10 business days of receiving the order to notify us of any defects discovered in the ordered product, failing which the customer is deemed satisfied with the product. We may occasionally request that we pick up the printed material prior to issuing the reprint, credit, or refund.

13. ORDER SHIPPING AND DELIVERY

Please note that all turnaround times are estimates. While Printomatic will use reasonable efforts to prevent a delay in delivery schedules, in no case shall Printomatic be liable for any consequential or damages resulting from any delay in shipment or delivery. Orders are F.O.B. the Printomatic Plant, and the customer shall have recourse only to its selected courier for any shipping issues. Printomatic shall not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues, or any other circumstances. Unexpected equipment failure, malfunction, and/or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.

14. CUSTOMER SUPPLIED INCORRECT ADDRESS

When a package is returned to Printomatic due to an error made by the customer in submitting the proper shipping address, Printomatic will reship the package with the corrected address and charge an additional shipping fee for the shipment.

15. LINKS TO THIRD PARTY SITES

The links throughout this site may let you leave Printomatic’s site. The linked sites are not under the control of Printomatic, and Printomatic is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Printomatic is not responsible for webcasting or any other form of transmission received from any linked site. Printomatic is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Printomatic of the site.

16. OVERRUNS AND UNDERRUNS

Overruns and underruns not to exceed 5% of the quantity ordered shall constitute an acceptable delivery.

17. INDEMNIFICATION

The customer affirms ownership or publication rights to all artwork, photos, and other materials submitted for printing and agrees to indemnify and hold harmless Printomatic from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Printomatic on grounds that printing violates any copyright or any proprietary right of any person or that it contains any matter that is libelous or scandalous or invades any person’s right to privacy or other personal right, except to the extent that Printomatic contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against Printomatic, provided that Printomatic shall promptly notify the customer with respect thereto.

18. PAYMENT INFORMATION

Printomatic does not record, keep, or hold any credit card information on our servers. Stripe and Paypal are responsible for that. Printomatic only records and holds information on jobs ordered: docket number, quantity, paper type, finishing, file, and shipping info.

19. NON-SOLICITATION

The customer and/or any of its affiliates shall not, without prior written consent, directly or indirectly solicit any employee, contractor, or consultant of Printomatic Printing and/or any of its affiliates for a period of two (2) years after the last order submitted to Printomatic Printing.