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NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. COLORFX RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
1. Quotation and custom estimates are only valid within 15 days of issuance and after 15 days is subject to change.
2. Processing of orders is subject to fulfillment of Terms of payment. ColorFX is NOT LIABLE for any errors in a final product caused by any of the following reasons:
Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong crop marks, Incorrect or Missing Folds, Finished Product Size INDEMNITY, delay in processing of orders due to natural disasters and act of God, fire or water occurrence in production premises, theft or vandalism and any other causes beyond the control of ColorFx.
By submitting the above File & Document to ColorFx for printing "I agree to the following terms".I have verified that spelling, content and the size of the file is correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed, and that I assume all responsibility for all the errors.
3. Quotations are based on accuracy of specifications provided by customers at the time of estimate. ColorFx can re-quote a job at the time of submission if,copy,type,disks or other input materials do not confirm to the information on which the original quotation was based.
4. It is customer’s responsibility to maintain a copy of the original files.ColorFX is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished or final input. Any digital input will be evaluated and no liability is assumed for problems that may raise by ColorFx. Any additional translating, editing, or programming required to utilize customer-supplied files will be charged at prevailing rates.
5. All material and software Copyright (c) 2010-2011 ColorFx" All rights are reserved worldwide. It is strictly prohibited to redistribute copy or republish any of the material and software contained on the ColorFx web site or the copyrighted property of parties from whom ColorFx has licensed such property.
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 ColorFx 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. ColorFx policy also states that you cannot use explicit language or pornography on printed materials and merchandise.
6. You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you and not, ColorFx are any way, reson or any how responsible, for all Content that you upload, post or transmit via the ColorFx werbsite. 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 the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of 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 Color Fx or any third party. ColorFx does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will ColorFx 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 Color Fx does not pre-screen Content, but that Color Fx 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 Color Fx 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 Color Fx, its users and the public.
7. In the event of suit regarding this contract, then the only venue and jurisdiction therefore shall be in either the Superior or Municipal Court, as appropriate, of the City of San Fernando, California. The parties agree and stipulate that the essential terms of this contract are to be performed in the said county only.
8. In no event shall ColorFx or its licensors, suppliers,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 ColorFx has been advised of 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 ColorFx or its affiliates, including without limitation, damages arising from mistake, omission, computer virus, delay, or interruption of service. In no event shall ColorFx 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.
ColorFx will not be liable to you with respect of any subject matter of this terms under any contract, Negligence, Tort, Strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profit or lost business). This applies to your employees as well. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall ColorFx Inc.’s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
9. In no event shall ColorFX or its licensees, suppliers, vendors, their officers, directors, employees or agents be liable for any special, incidental, indirect, or consequential damages of any kind, any damages resulting from loss of use, data or profits, whether or not ColorFX has been advised of possibility of the damage, arising out of or in connection with the use or performance of the web site or of failure to provide services ordered from ColorFX or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall ColorFX be liable for any damages or consequences arising from or related to customer’s or web surfer’s inappropriate or unauthorized use of the site or its content.
10. All taxes and related assessments levied by any Government Authority is direct responsibility of customer. Unless the customer provides a Certificate of Exemption, the tax charge will be imposed in customer’s bill by ColorFx. If, after the customer has paid the invoice, it’s determined that more taxes are due, the customer must remit the additional amount to Taxing Authorities or ColorFx if the Taxing Authority has imposed the tax on ColorFx.
11. “Will be resold by me in the form of tangible personal property”; PROVIDED, however, that in the event any of such property is used for any purpose other than retention, demonstration, or display while holding it for sale in the regular course of business, it is understood that I am required by the Sales and Use Tax law to report and pay for the tax, measured by the purchase price of such property.
12. If you signup as a Reseller and order with Resale price we will verify your resale permit. If it is not valid you will be charged for price difference and all applicable taxes.
13. We reserve the right to limit, change or cancel any discount Coupons without further notice.
14. Any graphic, typing or website programming errors will be corrected by the time of discovery without further notice.
15. ColorFX cannot be hold responsible for any mistakes on orders options selected by customers.
16. All artwork or designs and images must be provided in CMYK format. ColorFx is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. ColorFx is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
17. If offered the first electronic proof for each order is free (included in the printing price). Replacing any files after the first proof has been sent will result in additional charges for each file replacement.
All such work is chargeable at the current rates and time estimated by ColorFx.
18. Customer is fully responsible for final proof and layout approval prior to the printing process. Prepared proofs provided in agreed format should be checked and approved or corrected by customer. Marking “OK” or, “OK with corrections”, or, “Revised Proof Required” by customer is mandatory and before the approved master set is received, no further work will be performed. ColorFX will not be responsible for undetected production errors if:
a) Proof is not required by customer, b) The order is printed as per customer’s OK, c) Request for changes are communicated verbally. In order for us to help you best serve your clients, it is critical that you understand how our business functions. Unlike other print shops, we at ColorFX, Inc. take our turnaround time very seriously. When you put in an order, we make sure that you receive the job on time. As a result, we turn down other jobs in order to meet the deadlines we have already committed to. However, we need your cooperation to be able to continue providing you with timely service.
Therefore, it is critical for you to approve the proof within 24 hours so that we can produce your job on time. When the job is NOT approved within 24 hours, it creates a domino effect in our business that causes us to not only be late on your job but other jobs as well. We consider you as our partners and when you bring us an order, we want to help you get the best results so that your clients are satisfied. Unless there are extraneous circumstances that are out of our hands such as an act of nature, we will do everything in our power to keep our promise to you and deliver your product on time. With your cooperation, we can continue to live up to our name and provide you with excellent customer service and timely delivery of your product.
PLEASE NOTE: ANY FPO APPROVAL EMAILED, THAT WE DO NOT GET A RESPONSE WITHIN 24 HOURS WILL AUTOMATICALLY BE CONSIDERED APPROVED FOR PRODUCTION.
19. No proofs are provided for combo run orders. ColorFX combo runs / Gang run are all automated, and ColorFX does not have control on customers print ready provided files. For assistance on providing with print ready quality files, please Check Help Center in website for details.
Application of UV Coating may affect or change the appearance of the printed colors. ColorFx is not liable for the final color appearance on UV products.
20. ColorFx 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.
ColorFx will try it's best to match the gradient density of each color, ColorFx is not liable for the final appearance of a color variation.
21. A maximum of 5% Overruns/Under-runs for all ColorFx custom estimated orders are to be expected.
22. Production schedules are established and followed by both the customer and ColorFX. ColorFX is not held liable for any delays due to out of control circumstances. If occasionally a customer needs to expedite a pre-scheduled order, based on the production schedule of ColorFX, such request may be expedited with an additional calculated and agreed charge.
Next Day: In by 10:00 AM will be ready for pick up by 4:00 PM the following day
2-4 B. Day and 4-6 B. Day (after approval): In by 10:00 AM will be ready for pick up by 4:00 PM.
If you have chosen no proof,orders placed before 10:00am is considered as the first day, orders placed after 10:00am the next business day will be considered as the first day.
Combo jobs of Business Card & Postcard: a) Monday in by 1.00 PM ready for pick up on Wednesday after 4:00 PM and shipped on Thursday. b) Wednesday in by 1:00 PM ready for pick up on Friday after 4:00 PM and shipped on Monday. c) Thursday in by 1:00 PM ready for pick up on Monday after 4:00 PM and shipped on Tuesday. Office hours/Shipping & Receiving hours: M-F, 8:30am – 5:00pm PST.
23. Cancelation of orders prior to Approval by customers requires compensation for any incurred costs, administrative documentation fees, credit card fees and other applicable Fees. Minimum cancelation fee is face value of the order or $30.
24. We offer 4 options of payments on the website A- Credit Card. B- 50/50 terms, for single item orders over $2,000 upon approval of credit, pay 50% up front and the balance before pick up or delivery. C- Bank E-Checks: Use your bank account to transfer E-Checks, such orders will remain on hold until payment is confirmed by our Bankers (Minimum 3 business days). D- Credit Line terms: For custom estimated orders you may use your approved credit line.
25. Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit. Customer must notify ColorFx within same business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 100% of the received product within 6 days (on their own expense) from the time when the ordered product delivery was taken.
All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped by customer's own expense.
26. ColorFX will store files in its system for a period of maximum 15 days, if customer intends to Re-print any previous job older than 15 days of printing time, must provide files for Re-print. ColorFX will not be liable for any color shift.
Does not include Business cards, Postcards, Banners and Custom Orders.
27. ColorFX
will always act to make sure that any production difficulties do not
delay delivery schedules. In no case shall ColorFX be liable for any
consequential or damages resulting from any delay in shipment or
delivery.
Free Delivery within California (excluding rural areas).
- Not Valid with any other promotions or coupons.
- Rural areas (areas that are not urbanized) are not included.
- Lift Gate charges not included in Free Shipping.
- Since we offer various turnaround and delivery options to serve
our client’s needs, we cannot change or modify an order after submission
under any circumstances.
- We will only deliver to the account holder's address, NOT a 3rd
party, such as your client or any other address, and will be one time
shipment only. If the provided address is not entered correctly, we will
deliver to a re-routed address at your expense.
- Delivery is not available to apartment complexes, high-rise buildings and gated communities.
- We only deliver to businesses or home businesses located on the first floor and delivered to the front door only.
- Delivery Service is only available "Monday - Friday" between the hours of 8:00am - 5:00pm.
- Deliveries will be scheduled on the regular turnaround of your order completion day, and delivered within 2-3 days thereafter.
- If a
quicker delivery other than 2-3 days is required then shipping charges
will apply and discount offers or coupons may be applied as usual.
ColorFX will always act to make sure the delivery schedules are met,
however, unexpected equipment failure, technical problems may delay
printing process and on time shipping. Such evidenced cases will not be a
ground for order cancellation. ColorFX is not liable for third party
shipping errors, omissions or damaged shipments, if such cases occur:
a) ColorFX will follow up with the shipping entity involved and place claim request on behalf of the client with them. If a claim filed by ColorFX with the third party shipper is found to be invalid, outdated or disqualified the purchaser can’t hold ColorFX responsible for reprinting or a refund.
b) If a job is delayed, damaged or lost during the third party shipping and there is timing deadline for the job to arrive for a particular event or reason, the client must place a reorder on urgent basis during the interim time informing ColorFX with a written notice of the incident.
c) Delivery Fees calculated and charged to customer includes the third party shipping entity’s quotation and a handling Fee at current rates.
28. Multiple mailing can be held in-house for no more than 2 months
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