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TERMS & CONDITIONS RAINBOW GRAFIX INC. WEBSITE TERMS OF USE First Posted: Feb 20th, 2016 WELCOME: Thank you for coming online to visit the rainbowgrafix.com website (the "Site"). Please read carefully these Terms of Use before using this Site and any online services available through the Site. This Site is owned and operated by the Ontario limited liability corporation Rainbow Grafix Inc. (“RAINBOW GRAFIX” or “We” or “Our”) based in Mississauga, Ontario, Canada. By using this Site you agree to be bound by these Terms of Use and Our Privacy Policy which is incorporated by reference and available here Privacy Policies. If you do not accept these Terms of Use or the provisions of the Privacy Policy, please do not use this Site in any way. We may revise these Terms of Use and the Privacy Policy at any time and without notice to you and in our sole discretion so please check this page periodically for any updates. Any modifications will be effective immediately upon posting and you waive any right to receive specific notice of such changes. Your continued use of this Site and Our services will confirm your acceptance of any amended Terms of Use and any amended Privacy Policy.
INTENDED AUDIENCE AND USE – CANADIAN SITE ONLY: RAINBOW GRAFIX provides this site for end-users; members of the general public who are over the age of majority in the jurisdiction in which they reside and also residents of Canada who are interested in RAINBOW GRAFIX product & Services. makes no representation that the materials and products contained or displayed on this Site are appropriate or available for use in other geographical locations and countries other than Canada. Those who access the Site from other locations do so at their own risk and are solely responsible for compliance with applicable local laws.
CONSUMER USE OF SITE AND CONTENT: This site is intended to raise awareness and provide basic information about RAINBOW GRAFIX to those members of the Canadian public who are looking to purchase or obtain items & services listed on the rainbowgrafix.com website. It is intended to provide basic and general information only, subject to change at any time and variances region to region, Information may at times not be current or up to date. This Site also provides the consumer with the ability to locate other important links related to our services or so.
OUR INTELLECTUAL PROPERTY – SITE USE: Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names, and other information including, without limitation, the "look and feel" of the Site (collectively, the "Content") contained in this Site are proprietary to Rainbow Grafix, its affiliates and/or third-party licensors. The Content is protected by Canadian, the United States, and international copyright and trademark laws. If consumers intend to use any of the materials on this Site for other than private, non-commercial purposes, you must first obtain written permission from Rainbow Grafix. Consumers are authorized to use this Site for personal, non-commercial uses, including displaying, downloading and printing, and electronic copying of materials. No rights or licenses to the material or any portion are granted, explicitly or impliedly, and you may not modify, reproduce, distribute, republish, display or transmit any Site Content without Our prior written permission.
USER CODE CONDUCT: As a condition of your continued access to and use of this Site, you agree to abide by all applicable federal, provincial, state, territorial, and other laws and regulations and the "Code of Conduct" set forth below. Specifically, in addition, without limiting the following list, you agree not to:
iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically, or otherwise objectionable; or
LINKING FROM RAINBOWGRAFIX.COM TO OUTSIDE SITES: It is our goal to provide increased value and resource links to you, Our Site visitors. Therefore, this Site may provide links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent of Rainbow Grafix and that Rainbow Grafix has no control over the content of such websites. Consequently, Rainbow Grafix cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness, and/or completeness of the information contained on such third-party websites. The links which We might place on Our Site do not imply that We sponsor, endorse, or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such sites.
DISCLAIMERS OF WARRANTIES: THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEBSITE, ERRORS AND/OR OMISSIONS MAY OCCUR AND WE ASSUME NO LIABILITY FOR ERRORS, MISTAKES, OR MISTAKES IN THE CONTENT OR PERSONAL INJURY OR PROPERTY DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE. ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RAINBOW GRAFIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RAINBOW GRAFIX DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR the that QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR PURSUANT TO YOUR USE OF THIS SITE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY IN NO EVENT SHALL RAINBOW GRAFIX INC. OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS BE LIABLE FOR ANY FAILURE TO KEEP THE CONTENTS UP TO DATE OR FOR ERRORS OR OMISSIONS CONTAINED ON THIS SITE OR IN ANY LINK OR THIRD PARTY SITE OR FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES), WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THIS WEBSITE (INCLUDING ALL CONTENTS), ANY LINK OR ANY THIRD PARTY SITE, WHETHER UNDER CONTRACT, IN TORT OR UNDER ANY OTHER BASIS OF LIABILITY, EVEN IF RAINBOW GRAFIX INC. IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Terms and Conditions of order By placing an order with Rainbow Grafix Inc, you agree to be bound by the following terms and conditions. Uploading files onto our website constitutes a Purchase Order and payment commitment for the job you are specifying. Approving any order through email confirmation and by placing any orders thereafter you agree to accept all terms and conditions of this agreement and create a legally binding contract with Rainbow Grafix Inc for all services listed on our website and will be responsible for payment in full as outlined in this agreement. If you do not agree to these Terms and Conditions, do not use any portion of this site or send us confirmation of the order by email till you are not sure about placing an order with us.
Printing & Cutting Most of the print items are "gang printed." Rainbow Grafix Inc. will reproduce color from digital layouts as closely as possible, but cannot exactly match color and density 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 85-90% to the press match proof we offer. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent. ALL files must have a 1/8" bleed all around. A $25 fee may be charged to create a bleed if it has not been incorporated in your files. Critical type or images must be at least 1/4" from the edge of the card. Rainbow Grafix Inc. is not responsible for type, art or images that are cut off if these guidelines are not followed. Furthermore, it is strongly suggested that you do not use a thin border around your order. This may cause an uneven frame around your card. If you desire to have a border, it should be at least 1/4" thick.
Turnaround Our posted turnaround times begin ONLY after an order has been "received". Orders are considered "received" and are put into production ONLY when the following conditions have been met:
Please note that our cutoff is 12 pm EST. Production will begin the following day for orders received after this time. Although we rarely miss production schedules, the printing and pre-press process involves equipment that is subject to malfunctions and/or equipment failure. We will always do everything in our power to make sure that any production problems do not delay your job. However, please note that ALL production and delivery times ARE NOT CONTRACTUAL and no turnaround time can be guaranteed. No verbal or written correspondence by anyone at Rainbow Grafix Inc. can change that. Please try to plan date sensitive materials in a timely manner.
PDF Proofs Files are checked on a first come first served basis. If proof is requested, it can take up to around 24 hours before your files are checked due to the large volume of orders we receive. Proofs are meant to check for layout and content only and not meant to check colors. We also suggest that if your job is color critical, ask us for match proof. This proof cost depends on the size of the proof, So please call rainbow Grafix to know the cost. Please keep in mind that while we will try our best to match proofs, Rainbow Grafix Inc. DOES NOT GUARANTEE COLOR MATCHING.
Colour Matching and Proofs To ensure proper colour matching customers must purchase a press match proof. Customer supplied proofs are not acceptable as they are not calibrated to our presses. Jobs without proofs will be printed following generally recognized industry standards. Because of differences in equipment, processing, proofing substrates, paper, inks, pigments, and other conditions between color proofing and production pressroom operations, a reasonable variation in colour between colour proofs and completed job shall constitute acceptable delivery. Please note that your monitor's calibration affects what you see on your screen. The colors on the printed cards may differ from what you see on your screen. Please keep in mind that while we will try our best to match proofs, Rainbow Grafix Inc. DOES NOT GUARANTEE COLOR MATCHING.
Warranty In the unlikely event that an error has occurred during the production of a particular job, Rainbow Grafix Inc. must be promptly notified of the problem. Claims for defects, damages, shortages must be made by the customer in writing by email or registered mail within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such a claim within the stated period shall constitute irrevocable acceptance and an admission the customer is in full compliance with the terms, conditions and specifications outlined herein. In the event of an error in the printing, Rainbow Grafix Inc. will make a determination, whether the defect is of such nature as to qualify for a discount or re-print. Our liability should be limited to reprinting of any defective order and in no case will include special or consequential charges, including expenses, rush shipping, profits lost due to damages. This guarantee applies only to defects in workmanship or materials. It does not cover defects in the files submitted for printing. Overruns and under runs are not to exceed 10% of the order.
Promotion Unless otherwise specified (in writing at the time the order was placed), we reserve the right to use any item produced by us for print or display promotion. Unless otherwise specified (in writing at the time the order is placed).
Payments We accept money orders, Bank Drafts, certified/bank cheques E-transfers & cash, Payment shall be whatever was set forth in the quotation or invoice unless otherwise provided in writing. The person placing the order will be personally responsible for any outstanding debt owing. An additional $40.00 fee will be charged for return cheques to original amount. As security for payment for any sum due or to become due under terms of any Agreement, Rainbow Grafix Inc shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in Rainbow Grafix possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance, or guarantee of payment shall not affect such security interest and lien.
Refunds Once an order has been received and has entered the production cycle, refunds are not allowed. No partial refunds given for work not completed. Absolute No replacement/exchange or refund/return policy for any services we provide. If there are any discrepancies from our end we would be happy to resolve that.
Materials Any Mockup/document/Artwork provided to the customer is the exclusive property of Rainbow Grafix Inc. Use of any part or in full is prohibited and shall remain his exclusive property unless otherwise agreed in writing. Any Website Designed & Developed for customers by Rainbow Grafix Inc. shall remain the exclusive property of Rainbow Grafix inc. unless otherwise specified in the agreement. The violators will be prosecuted as per law. Working mechanical art, type, negatives, positives, digital files, flats, plates, and other items when supplied by the Rainbow Grafix, shall remain his exclusive property unless otherwise agreed in writing. You certify that you own the rights to use the image(s) being reproduced on your postcard. 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 the loss or damage of images or artwork.
TERMS & CONDITIONS FOR SIGNS PRODUCT
Customer's Property The Rainbow Grafix will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer while such property is in the Rainbow Grafix’s possession: Rainbow Grafix’s liability for such property shall not exceed the amount recoverable from such insurance. Customer's property of extraordinary value shall be insured through mutual agreement.
Taxes All orders placed and paid for in Ontario CANADA is subject to 13% HST. USA orders are tax-exempt. Materials printed in Canada ship duty free to the USA under the NAFTA agreement.
Shipping & Handling Delays, damage or loss of packages during shipping are the sole responsibility of the carrier providing shipping services. Rainbow Grafix Inc will not be held responsible for any delays, damage or loss of packages caused during shipping. Rainbow Grafix Inc. will not be liable for any claims of loss of business or damages due to shipping delays or damage. Each carrier has limited damage liabilities normally at a maximum claim of $100 per shipment. All orders are only shipped once payment has been received. Shipping Estimates provided at the time of quote request may not be accurate and are for estimation purposes only. While we make our best effort to ensure these estimates are accurate, sometimes the actual shipping price may be more or less than the estimated price while placing the actual order. The actual shipping price will be calculated after the order is approved.
Indemnification The customer shall indemnify and hold harmless Rainbow Grafix from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all matter of claims, demands, actions and proceedings that may be instituted against the Rainbow Grafix on grounds alleging that the said printing violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that the Rainbow Grafix contributed to the matter. The customer agrees, at the customer's own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the Rainbow Grafix, provided that the Rainbow Grafix shall promptly notify the customer with respect thereto, and provided further that the Rainbow Grafix shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
Orders for pick-up It is agreed that all orders that remain in our facility for greater than 3 weeks will be shipped to the client, at their expense. All balances and reasonable shipping and handling costs will be applied to your invoice. It is also agreed that there will be no refunds or exchanges for all said products, regardless of circumstances and an uploaded file or emailed artwork sent by the customer is considered a purchase order and is non-reversible.
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