Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ACCESS, BROWSE AND/OR USE THIS WEBSITE (INCLUDING THE ORDERING OF PRODUCTS THROUGH THIS WEBSITE AND/OR CUSTOM OFFLINE ESTIMATES) YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS & CONDITIONS STATED BELOW AND ALL APPLICABLE LAWS.
IF YOU DO NOT AGREE WITH ANY CHANGE, MODIFICATION OR AMENDMENT COLORFX, INC. (“COLORFX”) MAY MAKE TO THE SITE TERMS, YOU MAY WITHDRAW YOUR CONSENT TO BE BOUND TO THE CHANGES BY NOTIFYING COLORFX IN WRITING IMMEDIATELY. IF YOU WITHDRAW YOUR CONSENT, HOWEVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF YOUR ACCOUNT AND THIS WEBSITE. YOUR ACCOUNT WILL BE DEACTIVATED AND YOU WILL NO LONGER BE ELIGIBLE TO USE THIS WEBSITE OR ORDER FURTHER PRODUCTS OR SERVICES FROM COLORFX. IF YOUR ACCOUNT IS DEACTIVATED, THIS WILL NOT AFFECT YOUR RESPONSIBILITY FOR PAYMENT OF JOBS ALREADY COMPLETED AND/OR IN PRODUCTION.
NOTE: AS MORE FULLY EXPLAINED BELOW, COLORFX RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES.
Quotations and estimates provided by ColorFX are only valid for fifteen (15) calendar days from date of issuance. Upon expiration of such fifteen (15) day period, the quotation and custom estimate is subject to change. Prices set forth in approved and signed estimates are valid for fifteen (15) calendar days from the date of approval/signature. In addition, if artwork for approved and signed estimates is not received by ColorFX within the fifteen (15) day time period, then ColorFX reserves the right to change the prices from what was set forth in the estimate, regardless of whether any payment (full or partial) has already been made.
2. Order Approval/Proofing:
Processing of orders on this website is subject to fulfillment of the terms of payment by the customer. ColorFX has and assumes no obligation to proof or otherwise review the content or layout of your order. Each order is printed exactly as it appears in the submitted form to ColorFX. Once you submit an order to ColorFX, you accept any errors therein. For the avoidance of doubt, ColorFX is NOT LIABLE for any errors in the final print product such as misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, incorrect crop marks, incorrect or missing folds, improper layout and sizing.
ColorFX does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If available, the first electronic proof for each order is $5.00. Replacing any files after the first proof has been sent will result in additional charges for each file replacement, based on the time estimated by ColorFX.
Customer is fully responsible for final proof and layout approval prior to the printing process. Prepared proofs provided in the agreed format should be checked and approved or corrected by customer. Marking “OK”, “OK with corrections”, or, “Revised Proof Required” by customer is mandatory and until the approved master set is received, no further work will be performed.
3. Accuracy of Specifications:
Quotations are based on accuracy of information provided by customers at the time of estimate. ColorFX reserves the right to re-quote a job at the time of submission if copy, fonts, disks or other input materials do not conform to the information upon which the original quotation was based.
4. Electronic manuscript/Images:
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 arise by ColorFX. Any additional translating, editing, or programming required to utilize customer-supplied files will be at an additional fee.
All material and software “Copyright (c) 2010-2011 ColorFX. All rights are reserved worldwide”. It is strictly prohibited to re-distribute 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. Customer Content:
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 in any way, for any reason or any how responsible, for all Content that you upload, post or transmit via the ColorFX website. 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 ColorFX website 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 ColorFX 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 ColorFX does not pre-screen Content, but that ColorFX 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 ColorFX 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 ColorFX, its users and the public.
7. Governing Law:
In the event of suit regarding this contract and any custom or online orders or products, the internal laws of the State of California shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the San Fernando Valley courts located in Los Angeles County, California for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.
8. Disclaimer of Warranty / Limitation of Liability:
This website and the information, content, services, products and materials contained in or offered through this website, are provided on an “as is” basis without warranties of any kind, either express or implied, to the maximum extent permitted by law, ColorFX disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer viruses, and implied warranties arising from course of dealing or course of performance, with respect to this website and the information, site content, services, products and material contained in or offered through this website. ColorFX does not represent and warrant that the information, site content, services, products and material contained in or offered through this website are accurate, complete, reliable, current or error-free, that the services and products offered will meet the user’s requirements, or that the services and products offered will be provided in a timely, uninterrupted or secure manner. ColorFX is not responsible for typographical errors or omissions related to pricing, text, or photography. ColorFX does not represent and warrant that this website or its server(s) are free of viruses, Trojans, malware, or other harmful or malicious components, even if ColorFX or its authorized representatives have been advised of such possibility. You expressly agree that the use of this site, including all content, data, or software distributed by, downloaded or accessed from or though this site is at your sole risk.
In no event shall ColorFX or its shareholders, affiliates, licensors, suppliers, vendors, officers, directors, employees, or agents, be liable (jointly or severably) to any person or entity for any special, incidental, indirect, consequential, punitive or other indirect damages of any kind or nature, under any legal theory, including damages resulting from loss of use, loss of data and/ loss of profits, whether in an action in contract, tort (including but not limited to negligence), or otherwise, and whether or not ColorFX has been advised of possibility of such damages, arising out of or in connection with (i) the use or performance of this website; (ii) faults or errors in the information, site content, services, products or materials contained in or offered through this website; (iii) the use of information, site content, services, products or materials provided through this website; (iv) the inability to use this website, any part of this website, or any function offered by the website; (v) a failure to provide products or services ordered from ColorFX (or any affiliate thereof) for any reason, including any lost, corrupted or damaged customer data, non-delivery, mis-delivery, late delivery, or lost or damaged shipments; (vi) mistake, omission, delay, or interruption of service; and/or (vii) contamination by virus, Trojan, or malware of any kind. 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. Under no circumstances will ColorFX be liable to you in any way for any site content you may be exposed to that you may find offensive, indecent or objectionable.
Some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of incidental or consequential damages. If these laws apply, some or all of the time above disclaimers, exclusions, or limitations, may not apply to you, and you may have rights additional to those contained herein.
ColorFX, together with its shareholders, directors, officers, employees, agents, affiliates or subsidiaries, shall not be responsible for any direct damages, and shall not provide any credit, refund, or adjustment of any kind or nature that is in excess of the amount actually paid to ColorFX for the printed product (and shipping costs, if applicable) at issue.
All taxes and related assessments levied by any Government Authority is the direct responsibility of the customer. Unless the customer provides a Certificate of Exemption, the tax charge will be imposed in the customer’s bill by ColorFX. If, after the customer has paid the invoice, it is 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.
10. California Resale Permit Terms:
“Will be resold by me in the form of tangible personal property”; PROVIDED, however, that in the event any 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.
11. Resale Verification:
If you sign up as a reseller and order with resale price, ColorFX will verify your resale permit. If it is not valid, you will be charged for the price difference and all applicable taxes.
12. Coupon Changes:
We reserve the right to limit, change or cancel any discount coupons without further notice.
13. Customer Submitted Artwork or Graphics:
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.
14. Business Cards & Postcards:
No proofs are provided for business cards and postcards. ColorFX gang runs are all automated, and ColorFX does not have control over customers’ print-ready provided files. For assistance on providing print-ready quality files, please check the Help Center on our website for details.
15. Color Proofing, Matching & Printing:
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 its best to match the gradient density of each color, but ColorFX is not liable for the final appearance of a color variation. 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.
A maximum of 5% overruns/underruns for all ColorFX custom estimated orders are to be expected.
17. Production Turnaround Time:
Mutually agreed upon production schedules should be adhered to by both the customer and ColorFX. In the event that a customer requests to expedite a pre-scheduled order, ColorFX has the sole discretion to accept or reject such request based on the production schedule of ColorFX, and if such request is accepted, there will be an additional charge that the customer must agree to prior to the order being expedited. Job pickup time is only during ColorFX business hours, Monday to Friday, 8:30AM to 5:00PM PST.
Next Business Day - For jobs with one day Turnaround Time (the number of days needed to complete a job), if files are provided and approved by 9:00AM, then the job will be ready for pickup* by 4:00PM the following business day. *If the job is being shipped, then the customer can expect to receive it one business day after completion of the Turnaround Time. If free shipping is applicable, please see Section 21 below.
2 Or More Days - For jobs other than Next Day (i.e. with two or more day Turnaround Time), if files are provided and approved by 9:00AM, then the job will be ready for pickup* between 3:00PM and 5:00PM on the latest date specified on the order, unless completed sooner. *If the job is being shipped, then the customer can expect to receive it one business day after completion of the Turnaround Time. If free shipping is applicable, please see Section 21 below.
Business Cards / Postcards - For business cards and postcards, Turnaround Time will be two business days if ordered by 1:00PM and will be ready for pickup* at 4:00PM on the second business day. *If the job is being shipped, then the customer can expect to receive it one business day after completion of the Turnaround Time. If free shipping is applicable, please see Section 21 below.
Turnaround Time indicated in all custom estimates is valid for five (5) business days from the day of approval. If an order is not placed within five (5) business days, the Turnaround Time may change based on ColorFX’s production schedule.
Please note: Turnaround Time for jobs that ColorFX does not deem production ready (e.g. those with errors/problems or that require a proof) will not begin until the job is approved and ready for production.
Please refer to Turnaround Time Page for complete Turnaround Details.
18. Refunds/ Cancellation:
A job can be canceled at any time prior to customer’s approval of the proof by submitting an email to ColorFX. ColorFX will inform you of cancellation charges depending on the stage of the order. If a job is canceled, you will get charged for all labor hours related to graphic design, proof, etc. and any applicable administrative fees, such as credit card fees, will be subtracted from your refund. The minimum cancellation fee on any order is $30.00, but can be between 15-30% of the total transaction fee, at ColorFX’s sole discretion.
NO REFUND- There will be no refund or cancellation of any kind after the customer has approved the proof.
In the event of any production error, customer must notify ColorFX within three (3) business days of receipt of the job. ColorFX will check and verify the validity of a production error, if any. In order to receive replacement of the same order, customer must return 100% of the received product within five (5) business days of agreement by ColorFX to reprint the job, at customer’s expense. All charges related to expediting printing procedure (Rush Printing or Shipping) are NOT refundable, including those orders that are returned for any reason. All returned orders must ship through customer's own expense.
We offer four (4) payment options on our website: (A) Credit Card; (B) 50/50 terms, for single item orders over $2,500 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 bank (Minimum three (3) business days); or (D) Credit Line terms.
20. File Storage:
ColorFX will store job related data and files in the system for a maximum period of thirty (30) days. To reprint any job after such thirty (30) day period, customer must provide the job files again. ColorFX does not store job files for business cards and postcards.
21. Order Shipping and Delivery:
ColorFX will make every effort to adhere to the estimated shipping schedule and delivery date for your order. However, equipment failures, technical problems, shipping delays and other problems beyond our control may delay the printing and delivery process. Under such circumstances rush charges and other production fees may be waived or refunded as applicable, however, such delays are not grounds for cancellation of an order.
By placing an order with ColorFX, you are agreeing and acknowledging that ColorFX is not responsible or liable for, and no refund, cancellation or credit will be due as a result of shipping company delays, act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods), weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, international customs issues, any other circumstances that are beyond our direct control.
If a job is delayed, damaged and/or lost during shipping, the customer should inform ColorFX immediately by written notice. ColorFX will reprint the job if the customer re-orders the job with the same terms. ColorFX will follow up with the shipping entity involved and place a claim request on behalf of the client in the event of shipping delays, job damages or loss during shipping. If a claim filed by ColorFX with the third party shipper is found to be invalid, outdated or disqualified, the customer cannot hold ColorFX responsible for reprinting, a refund or damages under any circumstances. In the event the customer requests a reprint prior to the claim being finalized, the customer is responsible for full payment to ColorFX for the reprint.
Delivery service is available Monday – Friday, between 8:30AM and 5:00PM
Delivery can only be made to a business or home business located on the first floor and to the front door only
Delivery is NOT available to apartment complexes, high-rise buildings or gated communities
Additional fees may apply if offloading and/or lift gate is required
Delivery will be scheduled for pickup one (1) day following the job completion date
Free shipping and delivery is available in Arizona, California, Nevada and Utah, subject to the following:
Free shipping and delivery will be scheduled within one (1) to three (3) days following completion of the order; if a faster turnaround is required, customer must pay applicable shipping charges
Free shipping does not apply to business cards, postcards, banners and custom orders
Loyalty rewards are not granted when using free shipping
Promotions and/or coupons are not applicable to free shipping
Lift gate charges and offloading services are not included in free shipping
Free shipping is available only for the account holder’s address, not for a third party, such as your client or any other address
Free shipping does not apply to rural areas
Free shipping is limited to one-time shipment for each order
If the account holder’s address is not entered correctly, ColorFX will deliver to a re-routed address at customer’s expense
22. Mailing Services:
Multiple mailing can be held in-house for no more than two (2) months.
We reserve the right to refuse service to anyone without disclosing a reason.
All prices are subject to change without notice and no adjustments will be made.