TERMS & CONDITIONS OF AGREEMENT BETWEEN PRINTER & CUSTOMER
1. “Customer” means any person or entity whose order(s) and pays in full for the printing service delivered by the Printer.
2. “Printer” is POSTER ZONES INC. doing business as (d/b/a) POSTER ZONES.
3. “Terms and Conditions” means the terms and conditions set forth in this Agreement.
4. “Printed Materials or Products” means the finished product printed by Printer as ordered by Customer.
1. These Terms and Conditions shall apply to all contracts for the printing services and delivery of finished prints and related goods by POSTER ZONES, the Printer to the Customer and shall prevail over any other documentation or communication from the Customer.
2. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by Printer.
3. Nothing in these Terms and Conditions shall prejudice any condition(s) or warranty, express or implied, or any legal or equitable remedy available to which Printer may be entitled relative to the Goods and Services provided to Customer, by virtue of any applicable federal, state or local/municipal governing statute, law or regulation so promulgated.
4. Nothing in these Terms and Conditions shall affect the Customer’s applicable statutory or common law rights.
III. THE ORDER
1. The Customer is to provide and furnish prints of images via an online interface to Printer for print production. Customer shall at all times during the print production and delivery process cooperate with Printer so Printer can promptly deliver the best possible and accurate prints of the submitted image(s) to Customer.
2. The Customer shall prior to submitting print images for printing procure all necessary permissions, licenses and consents which may be required before the request and commencement of printing services by Printer, the sole cost of which shall be the responsibility of the Customer.
3. Printer reserves the absolute right to refuse to print Customer’s uploaded digital image(s) should Printer finds and determines the image(s) in its own sole discretion either directly or indirectly (provides a link) to be abusive, deceptive, pornographic, obscene, advocates illegal activity, defamatory, slanderous, offensive and/or appropriate in nature. Also, should Printer have reason to believe the uploaded images to be printed are copyrighted material and the Customer has not obtained permission for its reproduction; or the images violates copyrights, trademarks or infringes on the rights of others, and/or contains possible viruses, worms, corrupt files or any other malicious content which may undermine Printer’s computer systems.
IV. TITLE OF PRINTED GOODS
1. Title to all printed goods shall not pass to the Customer until Printer has been paid in full for such finished printed goods.
V. THIRD PARTY SERVICE PROVIDER
1. Customer hereby acknowledges and consents that Printer reserves the right to elicit and utilize third party service providers to provide and complete Customer’s work order.
VI. PAYMENT AND DELIVERY TERMS
For printing of goods provided to Customer, Printer requires all amounts due to be prepaid and paid through online credit card methods. Once a Customer’s print order has been fulfilled, absolutely no refunds will be issued.
VII. COLOR VARIATIONS FROM THE ORIGINAL PROOF/IMAGE
Because of the inherent differences in equipment, paper stock, inks and other variable conditions between the originally submitted digital image with the final prints produced by the pressroom operations, possible reasonable variations in color between color proof/original digital submitted image(s) with the final print product shall constitute acceptable delivery and satisfactory performance by Printer.
VIII. UPLOADING OF IMAGES
1. Customer’s digital images to be printed shall be uploaded and forwarded to Printer in jpg., gif or tiff format. If a Customer’s digital images are uploaded to Printer in any other format or means of transmission, Printer will then need to convert such other formats at additional charges to Customer.
2. Customer is required at all times to maintain and safe keep its own copy of the original image file. Printer shall not be held responsible for the loss, unsuccessful upload, inaccuracy or poor quality of the uploaded image(s) replicated for printing. No representations or warranties are made by Printer regarding Printer’s ability to work with images submitted by Customer in digital format, and no liability is assumed for problems that may arise.
3. Printer will only retain and store a copy of Customer’s uploaded image for up to Thirty (30) days on its computer systems after Customer’s print order has been fulfilled unless within said Thirty (30) day period Customer requests and orders additional prints for the same image at which Printer will then retain and store the image for an additional Thirty (30) day period after the second print order has been fulfilled. Under no circumstances will Printer be responsible for the loss or inability to retrieve Customer’s uploaded digital images.
4. Should a Customer’s uploaded image for whatever reason cannot be utilized for printing by Printer; Printer’s only responsibility and obligation is to promptly refund Customer’s prepaid charges
Printer and its personnel will take reasonable steps to protect the uploaded digital images or confidential status (if requested by Customer) of any information provided by or obtained from the Customer in the process of printing the image(s) and Printer will agree to any reasonable procedures the Customer reasonably requires for such protection within the bounds of applicable laws. Additionally, Printer warrants and represents that it will not share, sell or distribute any customer’s uploaded image(s).
Customer agrees to indemnify and hold harmless Printer, its officers, directors, employees, agents, its licensors, contractors and suppliers from any claims, loss, cost, damage, expenses or liability, including attorney’s fees, arising out of or in connection with the violation of any of the terms and conditions, including but not limited to violations of the provisions of Section VII. The provisions of this section shall survive the termination of this agreement.
XI. LIMITATION OF LIABILITY
Except where this exclusion or restriction of liability would be void or ineffective under applicable law, in no event shall Printer or its licensors be liable for indirect, special, incidential, or consequential damages (including lost profits or savings) whether based on contract, tort or any other legal theory, even if Printer or its licensors have been advised of the possibility of such damages, in no event shall Printer or its licensors’ liability under this agreement exceed the amount received from Customer for the
XII. TYPOGRAPHICAL ERRORS
Should Printer inadvertently quotes an incorrect price to a Customer for a print order---upon discovery, Printer reserves the right to immediately refuse or cancel such Customer’s order placed for printing as listed at the incorrect price. Printer further reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Customer has already prepaid the amounts due to Printer at which Printer will promptly refund all prepaid amounts to Customer.
XIII. TERM; TERMINATION
Terms and conditions set forth hereinabove shall become applicable once Customer enters Printer’s website and completes the ordering process. Customer acknowledges and agrees that Printer reserves the right to terminate any and all of the terms and conditions of this agreement without prior notice given to Customer except that the provisions set forth in Section III shall continue to be in full force and effect and survive the termination of the other terms of this agreement. Otherwise, this agreement shall remain in full force and effect.
Printer may provide notice to Customer via email, facsimile, telephone communications or written notice so long as such contact information has been provided for by Customer.
XV. FORCE MAJEURE
Printer shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances beyond Printer’s reasonable control, including but not limited to acts of God, labor or supplier strikes, lockouts, accidents, war, fire damage, terrorist acts, breakdown of printing facility machinery or shortage or unavailability of raw materials at which Printer shall be entitled to a reasonable extension of time to fulfill its printing orders for Customer.
1. A delivery date specified by Printer is to be construed as an estimated delivery date only. Printer will try to abide by its specified delivery date subject to circumstances set forth in Section XV which would delay delivery of printed materials on the specified date. Accordingly, time for delivery of printed materials shall be not be construed to be of essence of the agreement between Printer and Customer. Printer therefore shall not be held liable for any loss, costs, damages, charges or expense incurred by Customer caused directly or indirectly by any delay in the delivery of printed products.
2. All risk in the printed products shall pass to Customer upon delivery by Printer.
If any provision of this agreement is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be deemed severed from this Agreement and the remaining provisions will remain in full force and effect.
This Agreement contains the parties’ entire understanding relating to its subject matter and supersedes all prior or contemporaneous agreements, including but not limited to any purchase order terms and conditions.
IX. GOVERNING LAW
The terms and conditions set forth in this Agreement shall be governed by and construed in accordance with the laws of the United States and the State of New York wherever applicable. In the event of a claim or cause of action by Customer, it must be commenced within One (1) year from when the claim or the cause of action arises. Printer’s failure to insist upon or enforce strict performance or any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Printer may assign its rights and duties under this Agreement to any party at any time without notice to Customer.
XX. USE OF PRINTER’S WEBSITE
By using Printer’s website, Customer warrants and represents that harassment in any manner or form conducted or initiated by Customer via email, chat, or by use of obscene or abusive language, is strictly forbidden and will not be tolerated by Printer. Upon discovery of such acts by Customer, Printer reserves the right to immediately stop and prevent Customer from entering its website. Furthermore, Customer may not upload to, distribute, or otherwise publish through Printer’s website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any other party or which may otherwise give rise to liability or violate any law. Customer may not utilize or reference Printer’s website for its commercial own gain or advantage without first obtaining Printer’s prior written consent to do so.
XXI. LINKS TO OTHER SITES
Printer intends to network, interconnect and provide access to third party links and websites in an attempt to mutually increase business opportunities to all parties. Printer hereby disclaims any responsibility for the content provided for by the third party links or what these links and websites may utilize Customer’s information for. Customer acknowledges that it enters these third party links and websites at its own risk.
Any dispute relating to the interpretation or performance of this Agreement shall be resolved at the request of either party through binding arbitration.
XXIII. RETURN POLICY
All poster orders are custom printed per the customer's request. If the product does not live up to your expectations, please contact us within 14 days from the date the product was shipped and we will be able to adjust and reprint the product to live up to your standards. If the product was damaged during shipping, please contact us within a week and we will reprint the product for you at no cost.