Terms of Service
Customer acknowledgement:
By placing an order with PrintBuy, you agree to be bound by the following terms and conditions. By registering online and by placing any orders thereafter you agree to accept all terms and conditions of this agreement and create a legally binding contract with PrintBuy for printing services and will be responsible for payment in full as outlined in this agreement. If you do not agree to these Terms and Conditions, do not use any portion of this site.
PrintBuy Terms and Conditions:
IMPORTANT NOTICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE 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 WEBSITE. PRINTBUY RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
1. ORDER APPROVAL
Customer is fully responsible for final proof and layout approval prior to the printing process. PrintBuy 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, or 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 PrintBuy website and/or its subsidiaries (referred to herein as PrintBuy) or the copyrighted property of parties from whom PrintBuy 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 PrintBuy 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. PrintBuy 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 to not 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 PrintBuy or any third party. PrintBuy does not control the Content uploaded by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will PrintBuy 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 PrintBuy does not pre-screen Content, but that PrintBuy 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 PrintBuy 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 PrintBuy, 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 the venue in these courts is proper in any such legal action or proceeding.
5. LIMITATION OF LIABILITY
In no event shall PrintBuy 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 loss of use, data or profits, whether or not PrintBuy has been advised of the possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from PrintBuy or its affiliates, including without limitation, damages arising from a mistake, omission, virus, delay, or interruption of service. In no event shall PrintBuy 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. PrintBuy reserves the right to refuse service without disclosing a reason.
6. INDEMNITY
You agree that you shall indemnify and defend PrintBuy and all parties from whom PrintBuy 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. PrintBuy is not responsible for any colour shift that occurs in conversions from RGB or spot colours to CMYK colour modes. All artwork, designs and images must be provided in a minimum of 300 DPI and CMYK colour mode. PrintBuy is not responsible for images printed as fuzzy, distorted or pixilated due to customer-provided artwork.
8. COLOR PROOFING AND MATCHING
PrintBuy is not liable for colour 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 colour or density. While PrintBuy will try its best to match the gradient density of each colour, PrintBuy is not liable for the final appearance of a colour. Stock and coating, especially uncoated stock, may affect or change the appearance of the printed colours. PrintBuy is not liable for the final colour appearance of its products.
Because of differences in equipment, paper and inks and other conditions between colour proofing and production pressroom operations, a reasonable variation in colour between colour proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. PrintBuy will make every effort to produce a reasonable representation based on materials supplied by the customer; however, PrintBuy does not guarantee colour matching. Unfortunately time to time there is a misrepresentation of colour due to soft proofing because of the calibration of one monitor to another.
9. TRIMMING AND FOLDING
While PrintBuy will try its best to trim and fold each job accurately as per the order specs and artwork, PrintBuy 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.
10. ORDER CANCELLATION
Orders are eligible for cancellation upon request via support ticket until the commencement of imposition, subject to applicable cancellation charges. A store credit or credit card refund will be issued with a value equal to the cancelled job(s). If a job is cancelled charges for any labour hours (proof, file adjustment, etc.) or administrative fees (credit card fees, etc.) will be subtracted from your credit. In cases where a job is already imposed but cancellation may still be possible, a minimum cancellation charge of $35 per job is required. Once the order has been placed successfully, No Refunds are issued for file adjustment services.
11. RETURNS AND REFUNDS
Since each order is unique to the customer and has no re-sale 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 PrintBuy within 5 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.
12. ORDER SHIPPING AND DELIVERY
Please note that all turnaround times are estimates. While PrintBuy will use reasonable efforts to prevent delay of delivery schedules, in no case shall PrintBuy be liable for any consequential or damages resulting from any delay in shipment or delivery. Orders are F.O.B. the PrintBuy Plant, and customer shall have recourse only to its selected courier for any shipping issues. PrintBuy 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.
13. CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is returned to PrintBuy due to an error made by the customer in submitting the proper shipping address, PrintBuy will reship the package with the corrected address and charge an additional shipping fee for the shipment.
14 LINKS TO THIRD-PARTY SITES
The links throughout this site may let you leave PrintBuy’s site. The linked sites are not under the control of PrintBuy and PrintBuy 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. PrintBuy is not responsible for webcasting or any other form of transmission received from any linked site. PrintBuy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PrintBuy of the site.
15. OVERRUNS AND UNDERRUNS
Overruns and underruns not to exceed 5% of the quantity ordered shall constitute an acceptable delivery.
16. 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 PrintBuy from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against PrintBuy on grounds that printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libellous or scandalous, or invades any persons right to privacy or other personal rights, except to the extent that PrintBuy contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and continue the defence of any such claim, demand, action or proceeding, that may be brought against PrintBuy provided that SinaLite shall promptly notify the customer with respect thereto.
17. PAYMENT INFORMATION
PrintBuy does not record, keep, or hold any credit card information on our servers, Paystone and Paypal are responsible for that. PrintBuy only records and holds information on jobs ordered: docket number, qty, paper type finishing, file and shipping info.
18. PAYMENTS
All payments are processed in Canadian Dollars for Offline payments – We accept cash, money orders, certified/bank checks, Visa, Mastercard, Amex, and Paypal. Payment shall be whatever was set forth in the quotation or invoice unless otherwise provided in writing. The person placing the order will be personally responsible for any outstanding debt owing. An additional $35.00 fee will be charged for return cheques to the original amount. As security for payment for any sum due or to become due under terms of any Agreement, PrintBuy shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in the customer’s possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance or guarantee of payment shall not affect such security interest and lien.
19. TAXES
All orders placed and paid for in Ontario are subject to 13% HST. Canadian orders placed and shipped outside of Ontario are subject to 13% HST only. USA orders are tax-exempt. Materials printed in Canada ship duty-free to the USA under the NAFTA agreement.
20. MATERIALS
Working mechanical art, type, negatives, positives, digital files, flats, plates and other items when supplied by the printer, shall remain his exclusive property unless otherwise agreed in writing. You certify that you own the rights to use the image(s) being reproduced on your postcard. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
21. NON SOLICITATION
Customer and/or any of its affiliates shall not, without prior written consent, directly or indirectly solicit any employee, contractor or consultant of PrintBuy and/or any of its affiliates for a period of two (2) years after the last order submitted to PrintBuy.
22. Privacy Notice
All information provided to PrintBuy Solutions will be kept strictly confidential, and will not be sold or shared with any third parties. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
