PrintingHut.com Terms and Conditions

( last updated 2/06/07 )

1. Accuracy:

Layout:
You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully. Postal Regulations are subject to change and you are also 100% responsible for complying with current USPS Postal Regulations. PrintingHut.com reserves the right to refuse to print any material that PrintingHut.com determines, in its sole discretion, is immoral, illegal or inappropriate for any reason. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. You will not be charged for any services that are performed by PrintingHut.com on any job that is denied for the reasons described in this paragraph.

Color:
All printing orders are placed on our printing press with other jobs or “gang printed.” PrintingHut.com will reproduce color from submitted transparencies, slides, photos or digital layouts as closely and accurately as possible, but cannot exactly match color and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction is guaranteed to be within a minimum of 85% of the original image you submit. PrintingHut.com accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product they represent. All colors contained within any RGB digital file will be converted to PrintingHut.com's CMYK color space. This may cause the RGB colors to visually change due to color space differences. You should also note that your computer monitor’s calibration affects the colors displayed on your monitor’s screen. The colors on the printed material may differ from what you see displayed when viewing your layout via PrintingHut.com’s online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not color or density. For reprints, PrintingHut.com strongly suggests that you mail a hard copy of the original order for an accurate color review. Also, if your order is color critical, PrintingHut.com strongly suggests you purchase a hard copy color proof from PrintingHut.com.

2. Payment:

The fees for PrintingHut.com products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. PrintingHut.com requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. PrintingHut.com grants Credit Terms on the print portion of orders only. All mailing services and postage related fees must be prepaid. Please note that no orders will be mailed until an approved and signed mailing services invoice is returned from the customer authorizing payment. PrintingHut.com accepts Purchase Orders from government and educational institutions with prior approval and requires the submission of the PO number at the same time the order is submitted. Any amount due to PrintingHut.com, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $45.

Sales Tax Policy:
PrintingHut.com prices include all sales tax.

Refunds & Cancellation:
No refunds will be granted once we begin your order. No partial refunds will be given for work not completed. All refunds, due to overpayment on account are available upon customer request.

3. Turnaround Time & Delivery:

Quoted Turnaround Times start only after all materials necessary to complete your order have been received (our daily deadline is 12 noon EST). All correspondence regarding the order must include the clients company name (in the subject line of an email or on the outside of a package/envelope) to avoid any delays in production. Completion of your job within our quoted Turnaround Time is dependent on receipt of your signed layout and final approval via fax. Expected delivery date and Turnaround Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. PrintingHut.com is not liable for damage caused by service carrier. Carrier claims are limited to $100. PrintingHut.com accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. 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 PrintingHut.com within 30 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates.

4. Indemnification, Damages:

You agree to indemnify and hold PrintingHut.com and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your printed materials. You acknowledge and understand that copyrighted materials, per U.S. and Canadian Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by PrintingHut.com. DO NOT send any "oneof- a-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork.

The liability of PrintingHut.com, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to PrintingHut.com for its products and services. In no event will PrintingHut.com be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by PrintingHut.com. You hereby waive any Statute of Limitations to the contrary.

5. Ownership & Limited Use:

By placing an order with PrintingHut.com, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with PrintingHut.com and; (ii) are authorizing PrintingHut.com to print such order on your behalf. Any images/graphics, text or other materials supplied to PrintingHut.com by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to PrintingHut.com. However, any additional materials created by PrintingHut.com in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc...) are and shall remain the sole property of PrintingHut.com. Digital files of an PrintingHut.com assembled layout can be obtained upon customer’s written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party. PrintingHut.com reserves the right to distribute free samples of your completed printed materials to others. Customers can withdraw their order from being distributed as samples by sending a written request to PrintingHut.com at the following email to the following address: info @ printinghut.com. Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed.

6. Miscellaneous:

Sections 5 and 6 of PrintingHut.com's Terms and Conditions are hereby incorporated by reference as though fully set forth herein. Please read them carefully. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by PrintingHut.com. You hereby waive any Statute of Limitations to the contrary.


1. Nonexclusive License

We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PrintingHut.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PrintingHut.com without our express written consent. You may not use any meta tags or any other "hidden text" utilizing PrintingHut.com's name or trademarks without the express written consent of PrintingHut.com. Any unauthorized use terminates the license granted by PrintingHut.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PrintingHut.com so long as the link does not portray PrintingHut.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PrintingHut.com logo or other proprietary graphic or trademark as part of the link without express written permission.

2. Prohibited Uses

Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any PrintingHut.com employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

3. Usage and Monitoring

PrintingHut.com does not regularly review the contents of the material posted to the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PrintingHut.com does sell products for children. If you are under 18, you may use PrintingHut.com only with involvement of a parent or guardian. PrintingHut.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While PrintingHut.com has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, PrintingHut.com reserves the right to delete and take other appropriate action with respect to such messages, information or files with which PrintingHut.com, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the site to anyone at anytime.

If you do post or submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify PrintingHut.com for all claims resulting from content you supply. PrintingHut.com respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately. We reserve the right to distribute free samples of your printed materials.

4. Privacy

Your use of the Site constitutes your consent to PrintingHut.com's privacy policy posted at PrintingHut.com which is updated from time to time.

5. Copyright Ownership

All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of PrintingHut.com or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. PrintingHut.com and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.

6. Web Linking

Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. PrintingHut.com has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. PrintingHut.com is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. PrintingHut.com reserves the right to terminate any link at any time.

7. Purchases

All items purchased from PrintingHut.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

8. Disclaimer and Limitation of Damages

(a) PrintingHut.com is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, PrintingHut.com makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will PrintingHut.com, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.

(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. PrintingHut.com reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither PrintingHut.com nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.

(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.

(d) We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

9. Indemnification

You agree to indemnify and hold PrintingHut.com and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

10. Applicable Laws

PrintingHut.com operates the Site from its offices in Montreal, Canada and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject PrintingHut.com to any specific jurisdiction. You may not use or export any of the Site materials in violation of Canadian export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of Quebec, Canada as applied to agreements made and to be performed entirely therein.


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