Acceptance of Terms:
Printcolor.net LLC provide services to you and your organization subject to the following terms and conditions. We reserve the right to alter these terms at any time, and when updated by may be done so without prior notice.
By using our site, and employing our services you agree to adhere to all terms and conditions set forth herein. This document serves as the rule of practice to all dealings with Printcolor.net LLC, when participating in our special promotional offers, or when using other services we provide you may also find yourself subject to additional rules and regulations. Any rules or exclusion provisions posted here will also be incorporated by reference to any and all promotional offerings offered by Printcolor.net.
Use of Service:
By registering to use our system, you agree that the service is provided to you as is and is at the will of Printcolor.net LLC’s officers, member agents, and management. You understand that the right to use our services can be revolked at any time for failure to remain in compliance with the terms set forth in this agreement and are aware that terms may be modified at any time without prior notification.
Printcolor.net LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the website or any part of business operations with or without notice. You agree that Printcolor.net LLC may at its own sole discretion terminate the use of the site by any organization, or individual for any reason and is not limited to a lack of use or violation of terms and conditions. You also agree that Printcolor.net LLC shall not be liable to you for any inconvenience or loss or damage you may suffer due to any modification, suspension, termination, or discontinuance of our services.
Your Account and Your Password are Your Responsibility:
You alone are soley responsible for maintaining the confidentiality and the security of the account and password you will create upon completing the customer registration process. You, and you alone are fully responsible for all activities that occur under your password or account. You will immediately contact the management at Printcolor.net LLC whenever there is any unauthorized use of your password or account or any other breach of security policy. To eliminate the potential for malicious activity, please be sure that you logout from your account and close your browser applications at the end of each session. Under no circumstances is Printcolor.net LLC to be held liable for any loss you may incur or damage arising from your use of our systems and failure to comply with our procedures.
Although Printcolor.net LLC, does perform file archiving of our projects, ultimately it is your responsibility to maintain copies of any files you submit to us. Printcolor.net LLC is also not responsible for any accidental damage to any media supplied by you, and is not responsible for the accuracy of the furnished input data or final output results based upon that data. Printcolor.net LLC will provide a proof as well as a verification form which must be returned before any production can begin. We also ask to limit the maximum size of any files that may be uploaded via Electronic Mail submission to no more than 2MB (2,048) and that files submitted via the FTP server are subject to file size and speed restrictions as well. All files submitted electronically are subject to a digital media assessment where the quality of the supplied materials can be evaluated by the staff of Printcolor.net LLC before production begins
No claims or promises are expressed or implied regarding Printcolor.net LLC's ability to work with the files submitted to us in digital format, as software and computer hardware and software issues vary no liability is assumed for problems that may arise.
Any translating, image editing, type alterations, page manipulation, or programming needed any sort to utilize customer-supplied files will be charged at the rate of $80.00 per hour for all time spent on said modifications. Clients are always given the option of rectifying the issues themselves before we proceed with any work that will incur additional charge above the quotations and contracted price amounts.
General Order Terms:
Acceptance of orders is subject to receipt of timely payments. Initial payments are required at time of service for all accounts. All corporate purchasing accounts are subject to credit application and approval. Reconciliation payments may be made by cash, company check, money order and most all major credit cards. Payment terms to approved corporate credit accounts require the account remain in current status and is subject to a periodic finance charge of 1.5% per month on all outstanding invoice balances past thirty (30) days, 18% per annum. Failure to comply with keeping your account payments timely will result in the suspension and forfeiture of your entities participation in any special pricing rebate incentive programs that you may or may not have previously qualified for or participated in. Client is also liable for any an all fees, not limited to but including court costs and attorneys fees that we may incur associated with the collection of any outstanding balance due on their account. Internet orders are payment due with credit card when the order is placed. The credit card account will be charged when your project ships.
Cancelled orders also require payment for any and all services rendered limited to incurred costs and any related obligations of traditional business practices.
Pricing estimates are valid for 30 days, and are based on the accuracy of the specifications communicated and entered by the client. When placing your orders please be sure to properly review all estimates that submitted to you. Printcolor.net LLC works hare to ensure project accuracy if any questions arise between the date and time you receive your quotation and the time your project is submitted for production, please feel free to contact our estimating department to request a requote before your project begins. No one likes surprises and If the project deviates in size and scale when the project materials arrive addtional expenses are likely to occur. Printcolor.net LLC reserves the right to requote a job at time of submission if the provide materials do not match the acceptable forms for submission. Additional charges apply for the manipulation of all copy, film, tapes, disks, or other input materials which do not conform to the information provided when the original estimate was provided.
Although Printcolor.net LLC, employees utilize spectrophotometer devices for color calibration, differences in equipment, profiled media substrates, and ink formulation, many conditions beyond the realm of operational control can result in color deviances between your screen and our output as well as our color proofing and production pressroom operation environments. A reasonable variation in color between color proofs and completed print projects is to be expected. Every effort is made to ensure that our color remains consistent and that what you see today will be what you see tomorrow. When problems arise that are determined to fall out of the range of tolerance, the project will be subject to review by the client and the management, registered agents and managing members of Printcolor.net LLC to determine the appropriate course of action to resolve the matter. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the Printcolor.net LLC. In such cases, schedules will be extended by an appropriate amount of time equal to delay incurred.
Claims of defects, damages or shortages must be made in writing no later than 10 calendar days after delivery. If no claim is received by Printcolor.net LLC it is understood that the project has been accepted. By accepting the delivery of your project, you acknowledge that Printcolor.net LLC's performance has fully satisfied in all terms, conditions, and specifications set forth in this agreement and is thereby due payment without hesitation.
Client agree that any materials they provide to be printed by Printcolor.net LLC are not subjet to copyrights held by any third party. In the event that articles are being submitted which are subject to third party copyright any permissible rights that need to released in order to duplicate said materials have been secured and proof of said release is to be provided upon demand to our management, registered agents and managing members or legal representatives thereoh. You also recognize that because subject matter does not have to bear a copyright notice in order to be protected by the copyright law, the absence of such notices does not necessarily assure a right to reproduce. Client further warrants that no copyright notices have been intentionally removed from any mechanical materials used in preparing the project for reproduction. To support these guaranties, you agree to indemnify and hold Printcolor.net LLC, harmless for any and all liability, damages, or attorney fees that may result be incurred with regard to any legal action connected with copyright infringement involving the work produce for the Client.
Client warrant that the project submitted does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or other personal or economic rights.
You will, at your expense, promptly and thoroughly defend Printcolor.net LLC in any and all legal actions on these grounds as long as Printcolor.net LLC management, registered agents and managing members promptly notify the client of the legal proceedings provided they are made aware in a reasonable time to undertake and conduct a defense. Printcolor.net LLC managment reserves the right to employ their own discretion in refusing to print anything that could adversely affect business efforts. We also reserve right to deny service for projects that are deemed to be illegal, libelous, scandalous, improper, immoral, obscene or infringing upon copyright law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" , "AS AVAILABLE" BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PRINTCOLOR.NET LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE. WITHOUT LIMITING ANY OF THE FOREGOING, PRINTCOLOR.NET LLC DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (III) ANY STORED DATA WILL BE ACCURATE (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL USED, OBTAINED, OR PURCHASED BY YOU THROUGH THIS SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (V) ERRORS OR DEFECTS WILL BE CORRECTED (VI) THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PRINTCOLOR.NET LLC, ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE A WARRANTY AND YOU SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL PRINTCOLOR.NET LLC OR ANY OF ITS AFFILIATES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, OR PARTNERS BY LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SERVICE (II) YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (V) ANY OTHER MATTER RELATING TO SERVICE.
You agree to release and hold Printcolor.net LLC, and its subsidiaries, affiliates, officers, agents, co-branders, vendors, partners, employees or subcontractors harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you’ve submitted for production. You acknowledge that to the best of your knowledge as is your responsibility as publisher for your projects that the materials submitted for production are free from violations subject to the terms and conditions of this service agreement, and that any attempt to circumvent this agreement which results in the violation of the personal and economic rights of a third party shall be wholly your responsibility.
Our staff, our registered agents and the managing members at Printcolor.net LLC, welcome your suggestions and comments. We love the feedback. By submitting comments or better ways to serve our clients, you agree that: any ideas submitted will automatically become the property of Printcolor.net LLC, and are done so without promise of compensation to you. Printcolor.net LLC can choose to implement the suggestions for any purpose. Any feedback provided to Printcolor.net LLC shall be deemed to be non-confidential, and non-proprietary. Printcolor.net LLC shall be limitless in its rights to use, reproduce, disclose, and distribute such ideas on an unrestricted basis.
Printcolor.net LLC, is based in Racine, Wisconsin, USA. Issues related to the protection, infringement, or misuse of copyrights shall be governed by the copyright laws of the United States of America. All other matters relating to access or use of our services including but not limited to the use of our website shall be governed by the laws of the State of Wisconsin. Any legal action or proceeding relating to or arising from your access to or use of our services shall be made in Racine, Wisconsin. You agree to submit to the jurisdiction of Racine, Wisconsin courts and agree that venue in these courts is proper in any such legal action or proceeding.
TERMS & CONDITIONS © 2009 PRINTCOLOR.NET LLC