USER CONTRACT
Welcome to FolderPrinters.com. This Web site is provided by FolderPrinters.com as a service to our customers. Please review the following basic rules that govern your use of the FolderPrinters.com site. Please note that your use of the FolderPrinters.com site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. FolderPrinters.com reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.
Payment
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we complete an order. We will not start working on a print job until we receive the full payment.
Sales Tax
FolderPrinters.com charges sales tax to orders received from within the state of California unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate. All sales are shipped FOB Folderprinters Loading Dock and titles transfer to the buyer at that time.
Refunds and Cancellations
All sales are final. Refunds and Cancellations are available only if you have not: Uploaded or submitted any artwork to the Website or to Folderprinters.com Customer Service; and/or Approved your proof to print. In the event you cancel your order prior to clicking “Approved”, Folderprinters.com will refund your purchase price less a 3.5% administrative and processing fee and any fees applicable to hard copy proofs and/or file repairs. For all order cancellations, you must contact Foldeprinters.com Customer Service within 30 days of placing your order to request your refund. Refund requests made after 30 days, if approved by Folderprinters.com in its sole discretion, will be issued as a credit toward your next order.
Reprints
You must notify Folderprinters.com within 5 business days of order delivery to report any defects discovered in your delivered product. In the event a defect is discovered in your printed product, 100% of the product should be returned to Folderprinters.com at your expense within 10 business days from the date of delivery. Should the claim be approved by Folderpinters.com, a reprint at no cost will be shipped to you using the original shipping method. All claims to be approved by Folderprinters.com at its sole discretion.
Proofs
If requested, an online proof will be available for your review after we have received your file upload. Actual time will vary depending on our current workload. No job will be sent to press without your approval. We are not liable for delays in the order caused by customer's non-approval of the proof.
An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. Neither do they show color change from RGB or Pantone to CMYK.
The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. Customer is fully responsible for all that is contained in the final approved proof.
FolderPrinters.com offers hard copy proofs which show reasonable likeness to the final printed pieces. Such proofs are recommended for color-critical art and must be requested by the customer when the print order is made. Hard copy proofs are printed on a substrate different from the actual paper stock and while it's main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not offer hard copy proofs for art that would be printed on uncoated paper.
The request for a hard copy proof may involve an additional fee and would extend the amount of time needed to complete the job. For orders where a hard copy proof has been requested, the approval must be received by FolderPrinters.com on or before our published cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, it is the customer's responsibility to determine if they need a hard copy proof with their print order.
Color Accuracy
FolderPrinters.com will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing and order with FolderPrinters.com you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
Application of UV coating may effect or change the appearance of the printed colors. We are not liable for the final color appearance of a UV coated product.
No Liability for Errors
FolderPrinters.com is not liable for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size.
Overprint and Underprint Policy
Due to the gang run method that FolderPrinters uses, we cannot guarantee that every order will be the exact number of items which are ordered. FolderPrinters can only guarantee that it will come within plus or minus 10% of the number of items ordered.
Artwork Files
Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to FolderPrinters.com. FolderPrinters.com is not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting the artwork to FolderPrinters.com, you certify that you have the right to use the image(s) in your artwork files. 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.
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of
the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
Printing Turnaround Time
Printing turnaround time begins once your order has been placed and your print-ready files have been uploaded to your account, attached to your printing job, and approved for printing. Printing turnaround time begins when we receive approval for your proof and full payment has been made. For printing jobs that do not have complete digital source files provided or have submitted files that are not print-ready, printing turnaround begins when we have your print-ready file(s), not from when the order was first submitted.
For our Next Day Turnaround option, orders and files must be submitted by 9:00 A.M PST (12 noon EST) and proofs must be approved by 12:00 noon PST (3:00 P.M. EST), to have the item shipped out of our facility on the next business day. In other words, if you approve a proof on your Next Day Turnaround order by 12:00 noon PST on Tuesday, it will be sent out of our facility for shipping by end of business Wednesday. Otherwise, your Next Day Turnaround order placed on Tuesday would ship on Thursday. This applies to Next Day Turnaround orders only.
For all other turnaround options, orders and files must be submitted by 1:00 P.M PST (4 P.M. EST) and proofs must be approved by 5:00 P.M. PST (8:00 P.M. EST), printing turnaround time begins the next business day. For example, a job for two-day printing turnaround that you submitted at 3 P.M. PST and approved by 5:00 P.M. PST on Tuesday will be shipped out of our facility by end of business Thursday.
Please note that FolderPrinters.com is closed Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Production Turnaround includes printing, cutting, and binding, it does not include design, mailing, or shipping transit times, and you should allow additional business days for delivery based on the shipping method you selected. The estimated production turnaround advertised on this site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.
Printing turnaround time for jobs with approved proofs and payment is guaranteed. The remedy for failing to meet a deadline is limited to a pro-rated refund of any rush charges or a courtesy rush on your next order. Cancellation of an order based on printing turnaround time is only allowed if the customer indicates in writing (e.g., note posted to order) when placing the original order that a job in the order is time sensitive and must be shipped by target date based on printing turnaround option selected. FolderPrinters.com will not be responsible for shipping-related costs on orders that do not go out by the due date.
Shipping
Unless you choose Will Call or Mailing Services, you need to select one of the shipping options presented to you on the Site. All shipping is primarily but not exclusively done via Federal Express. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by Federal Express or any other shipping carriers. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday.
Shipping transit times vary, and FolderPrinters.com assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment,
illness, etc.
FolderPrinters.com's responsibility is limited to preparing your printing order for pickup by Federal Express or any other shipping carrier. FolderPrinters.com is not liable for damages which occur in shipping. Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from FolderPrinters.com's facility within 30 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates. We cannot ship to P.O. Boxes or APO/FPO.
Target Arrival
Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. If you are requesting a Hardcopy Proof, we already factor in additional time to reach your target date. For Standard Hardcopy Proof, expect approximately six business days to receive and approve your proof. For Next Day Hardcopy Proof, expect two business days. Both printing and shipping times are based on business days only and do not include weekends or holidays. For example, a product with a printing turnaround time of two business days and a shipping method of 2nd Day Air would have a target arrival date four business days after your files have been received by us.
The cut off time for accepting files is 9:00 A.M. PST (12:00 Noon EST). If your files are in by that time, we will commit to printing and shipping your product within the selected timeframe. Please understand that target arrival dates are estimates, not guarantees. While we will do everything in our power to meet your target arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.
Mailing Services
Customer's mailing list(s), while in the possession of FolderPrinters.com, is the exclusive property of the customer and shall be used only with customer's instructions. Customer's mailing list(s) will not be sold or offered for use to any other party, and FolderPrinters.com will not utilize the list for any other purpose.
All mailing delivery dates are estimates, not guarantees. FolderPrinters.com's responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service ("USPS"). FolderPrinters.com's responsibility ends when the job is delivered to the Los Angeles, California Business Mail Entry Unit. In no event shall FolderPrinters.com be liable for USPS performance failures or delivery delays.
FolderPrinters.com shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the printing work performed. In no case is FolderPrinters.com liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
The customer will defend and hold FolderPrinters.com harmless in any suit or court action brought against FolderPrinters.com by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from circumstances where FolderPrinters.com , acting as the customer's agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in FolderPrinters.com 's sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against FolderPrinters.com for actions of the customer's employees which may occur as a result of any mailing.
Miscellaneous
All complaints must be registered within 24 hours of receipt of your final printing job. Should your job contain manufacturing errors and/or defects (as determined by FolderPrinters.com), FolderPrinters.com would rerun your job at no charge.
All materials we create in producing your printed product are the property of FolderPrinters.com. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used
for your printed product will not be used in any national advertising without your prior written consent.
Section B
General Terms and Conditions
Copyright Notice
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of FolderPrinters.com and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Corporate Identification and Trademarks
"FolderPrinters.com", and any and all other marks appearing on this Site are trademarks of FolderPrinters.com in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without FolderPrinters.com's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. FolderPrinters.com prohibits the use of Trademarks as a "hot" link on, or to, any other Web site unless establishment of such a link is pre-approved by FolderPrinters.com in writing.
Use Restriction
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by FolderPrinters.com. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without FolderPrinters.com's prior written consent is prohibited.
Email
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future FolderPrinters.com programs. Also, please remember that you are responsible for whatever material you submit and that you, not FolderPrinters.com, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of FolderPrinters.com.
Privacy
You confirm that you have read, understood and agree to the FolderPrinters.com Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by FolderPrinters.com, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the FolderPrinters.com Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by FolderPrinters.com in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FolderPrinters.com — INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") — BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, R FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by FolderPrinters.com for making a Request.
Some states—to the extent their law might be deemed to apply, notwithstanding the selection of California law as described (below)—do not allow the limitation of liability, so the foregoing limitations might not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless FolderPrinters.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of FolderPrinters.com . The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all
rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to FolderPrinters.com, and are neither its employees nor agents.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
Miscellaneous
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.
Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
Governing Law
The internal laws of the State of California shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Los Angeles, California for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.
