Last update: 4/12/13

COMPANY POLICY / TERMS OF USE / CONSUMER AGREEMENT

We provide our Website as a service to our customers. Please review the following basic rules which constitute our “Terms Of Use & Legal Notices,” which govern your use of our Website. By using our Website you agree to be bound by the terms and conditions set forth below, and our Privacy Policy and all disclaimers or other terms and conditions that appear elsewhere on our Website (collectively the “Agreement”). Your use of our Website constitutes your agreement to follow and be bound by the Agreement. If you do not agree to be bound by the Agreement, please do not use our Website. Although you may “bookmark” a particular portion of our Website and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Website still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend that you visit these pages periodically to review the Agreement.


Email Subscription

When users register on our website, you’re automatically entered into our e-mail subscription list. To be opt out of this list, email us at [email protected] or when an email from us comes through, just simply click the unsubscribe button. Submitting your email address to us on any form may be submitted into our mailing list unless you opt out by checking NO.


Turnaround Time

Although we make every possible effort to turn jobs around in the estimated times offered, your job may require more time due to unforeseeable or uncontrollable circumstances or finishing services added onto the job. We will not credit customers if a job runs past the estimated turnaround time.

TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE!


Order Cancellation / Refund Policy

Any print media printed by We The Printers is a custom made product specifically for you. By approving your digital proof, through email or through our website, you understand, and agree, that NO refunds will be given. You also understand, and agree, your order CANNOT be cancelled as your job will be processed directly into production.

You also understand and agree that completed print orders are AS-IS and NON-RETURNABLE. Completed print orders are custom made based on artwork submitted by you, or designed by We The Printers.

If you did not approve your digital proof and the order has not gone off to print, you are eligible for a refund if requested.

Orders that are cancelled are subject to a cancellation fee based on the current production status of your job.

NO CASH REFUNDS — There will be no cash refunds of any kind AFTER a job has been approved for print.

REFUNDS, if issued, WILL BE IN THE FORM OF IN-HOUSE CREDIT!


Digital Printing Proofs / Color Accuracy

Upon your approval, We The Printers is NOT RESPONSIBLE for any typos or incorrect info along with any colors/content submitted with your print files. If there is any discrepancy with your digital proof, please DO NOT HESITATE to contact us to make changes. Delayed communication may put a delay on your order! Digital proofs are a courtesy allowing you to see an example of print orientation and mask placements. However, digital proofs DO NOT guarantee exact color that is seen on screen. The print color, mask placement and graphic sizing may not be 100% accurate due to being a digital representation of a printed item

If digital artwork files are submitted to We The Printers, by the customer for printing, the customer is responsible for the content and color formulas chosen inside the submitted artwork. You also understand, and agree, that we use the gang-run print method in which can have a color shift tolerance between a 10-15% shade. We DO NOT guarantee exact print color because of this method. If exact color is needed, we do offer custom Pantone Inks which are $85 per color/per side.

For each job, the customer may be required to supply a color hardcopy proof of their job when placing their order. If the job is two-sided, folds or binds (like brochures and catalogs), then a working model (mockup) of the job is required to indicate backup, page orientation, folding, binding and page order/assignment. We are not responsible for any such errors if a working model is not provided prior to proofing. We are also not responsible for any and all errors in the customer’s printing job if they select the “Run As Is. No Proof” option.


Membership and Affiliate Agreement

NO REFUNDS on sample boxes. These boxes are AS IS and all sales are final. If the box is heavily damaged upon receipt from the postal service please take pictures of the box and send them to [email protected] to be sent a new sample box.

If a Member is caught using their own Affiliate link to purchase orders for themselves the member may be BANNED from the Affiliate Program, Membership and possible website.

If a Member promo code is found on a website for others to use 15%, this code will be permanently deleted and another membership would have to purchased.

Your member promo code cannot be used on any hard copy samples, only invoicing on custom orders and through our website.


Reprints

We reserve the right to update and revise this Returns/Refund/Reprint Policy without prior notice to reflect changes in our policies, services and/or in response to our customers’ feedback. When we do make changes to this Policy we will revise the “last updated” date at the top of this Policy. Please make sure that you review it frequently as any time you place an order with We The Printers the current Returns/Refund/Reprint Policy will apply.

We guarantee that our printed products will not be defective in accordance with industry standards. You may contact our Customer Service Department and a We The Printers representative will be pleased to help address any general issues you may have with your print job.

If you believe your print job is defective or has not otherwise met your requirements please contact We The Printers, IN WRITING via the online support system, within six (6) business days of receiving your order. If you do not contact us within this time frame we will assume that your job was satisfactory upon receipt and will be under no obligation to provide a refund or reprint. Once you have contacted us, we will then have five (5) business days to determine if a reprint or refund is appropriate, or to advise you that more information is needed to process your inquiry. If we request additional information to verify an inquiry and it is not provided within a reasonable time, we will be under no obligation to provide a reprint or refund.

If we determine that a product is in fact defective or has not otherwise met our obligations, we will initiate a reprint of the print job with rush production. If after a reprint we are unable to resolve the issue, we will then offer the issue of a refund of the original order price. We reserve the right to request samples of any allegedly defective merchandise prior to either of the above resolutions being agreed to.

A Customer Service representative will generally contact you within 24-48 hours of us making the determination that a reprint or refund is appropriate in order to confirm the approved solution. If you do not make contact with our representative within five (5) business days of their first attempt to contact you with the approved solution we will assume that the issue has been otherwise resolved and no reprint or refund will be given. Once the approved solution is agreed then, unless we agree otherwise, you must return the entire original print order to us, at the address provided by our Customer Service representative, within 15 calendar days after the date the solution is approved. If you do not return it within this time frame you agree that the original order will be charged against your credit card on file with We The Printers.

A reprint or refund will only be possible after an approved solution has been authorized and, unless we agree otherwise, provided that the entire original print order has been returned to and received by us.

A reprint will begin rush production within one (1) business day of our confirmed receipt of the product or such earlier time as we may agree to. When applicable, a refund will be issued within 10 business days of our receipt of the original product order.

The forgoing is We The Printers sole responsibility with respect to a defective order. To the maximum extent permitted by law, We The Printers is not responsible for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We The Printers has been advised of the possibility of such damages), resulting from the order. The following are some guidelines and examples of issues that do not constitute grounds for a refund, or a return or reprint of a product:

An order that is refused at time of delivery or undeliverable orders. (We will reship the product at the customer’s expense if requested).

 The product is lost, delayed or returned to We The Printers due to an error made by the customer in submitting the proper shipping address. (For product that is later found or that is returned to us we will reship the package with a corrected address and charge an additional shipping fee for the shipment).

Product that is delayed in production and/or shipping as a result of the customer providing inaccurate information.

Product that incurs a higher shipping charge as a result of the customer providing inaccurate information.

Product that is delayed in production and/or shipping as a result of shipping company delays, acts of God, 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, and any other circumstances that are beyond our direct control.

Product that has experienced a color shift during the conversion to CMYK format, for example as a result of having been submitted by the customer in RGB or PMS Pantone colors.

Errors that are contained in the uploaded customer file, e.g., misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, wrong cuts, incorrect or missing folds, die lines, crop marks, transparency, overprint, and finished product size. We The Printers does not make any changes on customer files.

Product that experiences print or images that are fuzzy, pixilated or otherwise distorted as a result of the customer providing artwork that is not at a minimum of 300 DPI at 1:1 ratio (or 100%) and/or in CMYK mode.

Products that do not exactly match color or ink density. We The Printers does not color match or match customer specified ink density.

An inability to print or write on the product, unless the product description states otherwise. A typical UV coated product cannot be printed or written upon. Silk Laminated and Matte finished products may or may not accept printing or writing. We recommend that you order a sample from us and test it using the printer/ink you will use before placing a final order. We The Printers is not responsible for an inability to print or write on a product, unless the product specifically states that it is suitable for this purpose.

Orders that are duplicated as a result of customer error.

Orders that are canceled after the order has entered into production (or any process thereafter).

Orders that contain dated materials that arrive after the relevant date or with insufficient time to use the material as intended.

It is a customer’s responsibility to allow sufficient time when placing an order for time sensitive materials.

A customer’s violation of any of the terms and conditions governing the use of We The Printers’s website and/or ordering of product.
Viruses, worms, trojan horses and other forms of harmful or malicious code that are not detected or removed using We The Printers’s standard virus/malicious code detection procedures.

Loss, corruption of, or damage to your personal information, Customer Content, order history or related information that is stored by We The Printers.

Our failure to notify you of any delay, loss or damage in connection with your printed products or shipment or any inaccuracy in such notice.

The release of an order by the shipper without obtaining a signature.
Please note that We The Printers provision of advice, assistance or guidance either on this Website or via our Customer Service representatives does not constitute an acceptance of responsibility or liability for any problems that may arise in connection with any print order or services provided.


Over/Under Runs

Although we endeavor to ship the quantity ordered, We The Printers reserves the right to ship within 5% over or under the requested quantity. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run. If an exact quantity is an absolute necessity please contact one of customer service representatives.


Other Fees

Jobs may be subject to other fees as follows:

You may make up to 2 revisions on proofs for free. Any subsequent revisions will result in a $15 charge per proof.

This is not an exhaustive list; other fees may be incurred in special circumstances.


General Information

Any original media (discs, pictures, slides, proofs, etc.) are non-returnable and become our property unless pre-arrangements are made. Preferred file type is Adobe PDF. Acceptable applications for Mac & PC include (but are not limited to) Quark Xpress, Adobe PageMaker, Adobe Illustrator, Adobe InDesign, Adobe Photoshop and Adobe PDF. Additional charges may apply if furnished media are incompatible with our software. We cannot guarantee consistent results if files are generated by other applications like Microsoft Publisher. For best results, all rasterized files should be converted to CYMK. All fonts must be included or embedded. Images must be flattened with CMYK in TIFF or EPS format. Proofs will be e-mailed or shipped out within 24 hours of receipt of files and order form. Turnaround time begins after receipt of final proof approval. Final approval will only be accepted in written format. No verbal approvals will be accepted. Job is considered complete if within +/- 5%. Quoted prices do not include any shipping, handling or sales taxes (if applicable). Prices subject to change without notice. All jobs require payment in full upon acceptance of order. Unless other payment terms have been previously arranged and account is up to date, your credit card will be charged upon placement of order.


Color Proof Accuracy

Please note that although color proofs supplied to the customer are highly calibrated and very accurate, they cannot match the final printed product 100%. This is due to the fact that proofs are created in a different way than the printed piece (ink, paper stock, registration, line screens, etc.) Also note that the customer proof may not closely match our proofs or the printed piece either for the same reasons, and because the customer supplied proofs are not calibrated to our presses.


Right Of Refusal

We reserve the right to refuse service or products to any person or organization.


Proprietary Rights

Unless otherwise noted, all written and/or other materials that are part of our Website, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. Our trademarks, logos and other trademarks on our Website are the property of their respective owners and are owned by, licensed to, or, where required, used with our permission, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.


Your Use of Our Website

Our Website and the Content are intended solely for your personal, non-commercial use. You may download or copy the Content and/or other downloadable materials displayed on the Website for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content for public or commercial purposes without written permission from an authorized representative. It is also strictly prohibited to download any images of our products which appear on our Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related intellectual property. You agree that if we, in our sole and unfettered discretion, requests in writing that you remove any link or links to our Website, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of our Website, or any part thereof, with or without notice.


NO WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT ON THIS WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR WEBSITE, WITH THE DELAY OR INABILITY TO USE OUR WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE.


Security

Tampering with our Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited. Users are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Website for unintended purposes or trying to change the behavior of our Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Website (impersonating our Website), or to our Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on our behalf, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.


Kids’ Privacy

Our Website is intended for use by individuals 13 years of age or older. Our Website is not directed to children under the age of 13. Users under the age of 13 must use the assistance of a parent or guardian before they use or visit our Website.


Errors, Corrections and Changes

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.


Information & Content You Submit to Us

By using our Website, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Website is not confidential. By submitting any solicited or unsolicited information using our Website, you grant to us and our affiliates an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.

We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights, including but not limited to the use of a union bug. We are not a union shop and are not authorized to print materials with a union bug. If you submit content with a union bug, we will not print any such content if the union bug is observed during our quality control process. Jobs that violate this union bug policy will automatically forfeit monies collected. Refunds, credits, or partial refunds will be at the sole discretion of our company.


Indemnity

You agree to indemnify, defend and hold us harmless, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement. You specifically agree to defend, indemnify, and hold us harmless from any and all claims arising from the improper use of trademark, copyright, or other protected material, including but not limited to the use of a union bug.


Third Party Websites & Links

Our Website may contain links to other Websites that are not under our control (“Third-Party Websites”). We provide links solely for the convenience and information of our Website users. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchant ability or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on our Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. We make no representation or warranty as to any products or services offered on any Third-Party Website. The conditions of use and privacy policy of any Third-Party Website may differ substantially from the Terms of Use and Legal Notices that apply to your use of our Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.


Employee Non-Solicitation Agreement

As a condition of doing business with We The Printers, you agree not to, in any capacity, on your own behalf, or on behalf of any other person, company or entity, undertake or assist in the solicitation of any then current employee of We The Printers to terminate his, her, or its relationship, employment, or other association with We The Printers. In particular, you agree not to solicit for employment any customer service employees who assist you with your order.