Terms of Use Agreement

This Terms of Use Agreement sets forth the standards of use of the c.point print online service. By using the c.point print website you (the Member) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at c.point print website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Change Orders

Any jobs that have been approved or sent to press cannot be altered or changed due to the automated process that results from the send to press action.

Turnaround Times

Turnaround times begin ONLY when the following criteria have been met

1. Your order has been entered, processed and transaction approved whenever this applies.
2. You have uploaded your artwork for your job.
3. You have viewed and have emailed approval of your proof.
4. After approval, Quality Control personnel may stop your job as having SUSPECT ART if they believe the artwork has defects (i.e. low resolution) that will cause it to print unsatisfactorily. In this event, you will receive an email message notifying you of this, and your job will be put on hold until you re-submit and re-approve new art or send the job to press as-is. While a job is on hold in this manner, the production clock is ON HOLD. c.point print is not responsible for expediting your order if time is lost as a result of the customer’s failure to meet production design requirements.
5. If you choose to order a hard copy proof, it will be mailed the day after you email your artwork to us. The time it takes for a customer to receive, sign, and return a color proof does NOT count in the production calendar. A job is considered ON HOLD until the signed proof is returned. Proof approval typically takes two days (one day transit to the customer, one day transit to return the proof to c.pointp. Note that if a hard copy proof is ordered, it MUST be SIGNED and RETURNED before production recommences.

All turnaround times are based on business days. Monday through Friday and exclude all national and national holidays. All jobs with standard turnaround times (3-7 days) submitted into production before 6:00pm will begin production the following business day.

EXAMPLE: if a 3 day turn job is submitted, approved, and sent to press on a Monday before 6:00pm, Day 1 of turnaround time is the following business day and the job would ship out on Friday of that same week.

c.point print strives to ship every job on time; however, ship dates should be considered estimates. Production delays, weather conditions and mechanical malfunctions, etc. can sometimes cause jobs to ship late. In the event c.point print ships a late job, the price difference between the requested and actual print schedule will be credited back towards the clients account. c.point print is not responsible for upgrading the shipping method to accommodate a missed estimated ship date. Customers may upgrade the shipping method prior to the job actually shipping at their own expense. Cancellation of a job or entire order based on turnaround time is permitted ONLY if c.point print agrees to these terms in writing. If you have a time-sensitive job, please be sure to notify us in advance.

Hardcopy Proofs

A hard copy color proof guarantees a reasonable likeness to the final printed pieces. However, it is printed on a substrate that does not match the final paper stocks used in our printing process. The hard copy color proof is color-matched to a four color process on coated papers and does NOT simulate other stocks such as uncoated paper. While a hard copy color proof will visually show color, variation between the hard copy color proof and the final printed piece is to be expected. If a variation occurs due to these circumstances, the resulting printed job is considered an acceptable print performance.

If you submit a job and do not request a hard copy color proof, your job(s) will be printed as is. c.point print will not be liable for color variation from the soft-proof. If a color proof is chosen by customer, it will be c.point print’s responsibility to match that proof and the job will be printed accordingly c.point print will make every effort to match the colors of your submitted artwork, whether your job is color critical or not. It is the customer’s responsibility to determine if the job is color critical.

Art Resolution Requirements

You must provide at minimum 300 dpi high resolution images suited for offset printing. c.point print is not liable for images printing as bitmaps as a result of the customer providing low-resolution images.

Bleed and Caution Margin Requirements

You must include 3mm symmetrical bleed for designs which have content extending the trim line. You must exclude important content from the caution zone, defined by the inner 3mm margin to the trim lines. c.point print allows for a 3mm tolerance for error with each bindery process, therefore adherence to bleed and caution margins are important to image fidelity.

Bound Jobs

Our automated system requires that art is uploaded as a single, multi-page pdf file. c.point print will not be able to proceed with your bound product order unless these minimum requirements are met.

Color Space Conversion

c.point print is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. For best results, always using CMYK colorspaces when creating your artwork.

Blacks/Rich Black

Full color jobs that contain large solid areas of black ink should have the black set up as CMYK black (25% Cyan, 15% Magenta, 415% Yellow and 100% Black). c.point print will not be liable for printing a consistent, solid and rich black if artwork is not set up to this specification (rich black should not be used for text).

Gang Run Printing

A gang-run is the method of producing print jobs for clients that lowers costs by printing several print jobs together on the same print run, thus spreading the cost of the printing amongst all jobs on the form. ALL gang run printing is subject to a 10% color variance. If a job is color critical, then the necessary attention it needs cannot be attained in a gang-run format. Therefore, the job must be printed by itself without the discounted price of gang-run printing. Color critical jobs require a dedicated run where the press is calibrated specifically to that run and job rather than a gang-run with other print jobs.

Reprints

Customers must notify c.point print within one business day of order delivery to report any defects discovered in the ordered product. 100% of the product should be returned to c.point print at the customer’s expense within 3 business days from the date of delivery. Should the claim be approved by c.point print, a reprint at no cost will be shipped to the customer using the original shipping method.

Refunds and Cancellations

All sales are final. No refunds are available on orders unless art files have NOT been uploaded to the site, submitted to customer service or sent to press. On jobs that meet the above criteria, a $15 processing fee will be charged for each job cancellation. On jobs that meet the above criteria, you must contact c.point print within 14 days to request your refund. Any refund requests approved after 14 days will be issued as a credit toward the next order. If an order is cancelled after we have sent you a hard copy proof, those charges for the hard copy proof are non-refundable.

Shipping

c.point print ships jobs via well recognized carriers in its sole discretion. Once a package has shipped, c.point print will not be responsible for late or damaged packages. Delivery dates are not guaranteed and may include extra transit time in case of unforeseen delays. No refund on shipping charges will be made on any job once it has shipped.

Transfer of Title

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Disclaimer of Warranties

The site is provided by c.pointpPrint on an as is and on an as available basis. To the fullest extent permitted by applicable law, c.point Print makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. c.point print shall have no liability for any interruptions in the use of this Website. c.point print disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion may not be applicable.

Limitation of Liability

CPoint Print SHALL NOT be liable for any damages whatsoever, and in particular CPoint Print shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if CPoint Print has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE NOT APPLICABLE.

Indemnification

Member agrees to indemnify and hold c.point print, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Members use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Members computer, of any intellectual property or any other right of any person or entity.

Right to Refuse Service

c.point print reserves the right to cancel or otherwise refuse to print jobs it deems are obscene or offensive, including but not limited to pornographic materials. c.point print reserves the right to charge the customer for services rendered up to the point that the job was cancelled.

Modifications and Interruption to Service

c.point print reserves the right to modify or discontinue the Service with or without notice to the Member. c.point print shall not be liable to Member or any third party should c.point print exercise its right to modify or discontinue the Service. Member acknowledges and accepts that c.point print does not guarantee continuous, uninterrupted access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While c.point print makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. c.point print makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Botnets

c.point print retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, c.point print reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by c.point print, in our sole discretion, to a third party in the event of a merger or acquisition.

This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

CUSTOM AND COMMERCIAL ORDERS - TERMS AND CONDITIONS

Terms and Conditions of Sale
1. QUOTATION: A quotation not accepted within thirty days may be changed.
2. ORDERS: Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider’s control. Canceled orders require compensation for incurred costs and related obligations.

3. EXPERIMENTAL WORK: Experimental or preliminary work performed at customer’s request will be charged to the customer at the provider’s current rates. This work cannot be used without the provider’s written consent.

4. CREATIVE WORK: Sketches, copy, dummies and all other creative work developed or furnished by the provider are the provider’s exclusive property. The provider must give written approval for all use of this work and for any derivation of ideas from it.

5. ACCURACY OF SPECIFICATIONS: Quotations are based on the accuracy of the specifications provided. The provider can re-quote a job at time of submission if the specifications originally supplied have changed.

6. PREPARATORY MATERIALS: Artwork, plates, negatives, positives, tapes, disks, and all other items supplied by the provider remain the provider’s exclusive property.

7. ELECTRONIC MANUSCRIPT OR IMAGE: It is the customer’s responsibility to maintain a copy of the original file. The provider is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final output. Until digital input can be evaluated by the provider, no claims or promises are made about the provider’s ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.

8. ALTERATIONS/CORRECTIONS: Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider’s current rates.

9. PREPRESS PROOFS: The provider will submit prepress proofs (soft (electronic) or hard proofs) along with original copy for the customer’s review and approval. Hard proofs are chargeable whereas soft proofs are not. Corrections will be returned to the provider on a “master set” marked “O.K.”, “O.K. with corrections”, “Revised proof required” and signed by the customer. Until the master set is received, no additional work will be performed. The provider will not be responsible for undetected production errors if:

  • proofs are not required by the customer;
  • the work is printed per the customer’s
  • O.K.; requests for changes are communicated orally.

10. PRESS PROOFS: Press proofs will not be furnished unless they have been required in writing in the provider’s quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during make-ready. Any press time lost or alterations/corrections made because of the customer’s delay or change of mind will be charged at the provider’s current rates.

11. COLOR PROOFING: Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance.

12. OVER-RUNS OR UNDER-RUNS: Over-runs or under-runs will not exceed 5 percent of the quantity ordered. The provider will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

13. CUSTOMER’S PROPERTY: The provider will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider’s possession. The provider’s liability for this property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing, and if the premium is paid to the provider.

14. DELIVERY: Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. provider’s platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the provider, or from the customer’s supplier to the provider, are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever occurs first.

15. PRODUCTION SCHEDULES: Production schedules will be established and followed by both the customer and the provider. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the provider. In such cases, schedules will be extended by and amount of time equal to delay incurred.

16. CUSTOMER-FURNISHED MATERIALS: Materials furnished by customers or their suppliers are verified by delivery tickets. The provider shall bear no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by the provider. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by the provider without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by the provider at the provider’s current rates.

17. OUTSIDE PURCHASES: Unless otherwise agreed in writing, all outside purchases as requested or authorised by the customer, are chargeable.

18.TERMS/CLAIMS/LIENS: Payment is net cash 30 calendar days from date of invoice for account holders. Claims for defects, damages or shortages must be made by the customer in writing no later than 3 calendar days after delivery. If no such claim is made, the provider and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider’s performance has fully satisfied all terms, conditions, and specifications.

The provider’s liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, the provider has the right to hold and place a lien on all customer property in the provider’s possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.

19. LIABILITY: Disclaimer of Express Warranties: Provider warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.

Disclaimer of Implied Warranties: The provider warrants only that the work will conform to the description contained in the purchase order. The provider’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages.

20. INDEMNIFICATION: The customer agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
Copyrights. The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold the provider harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
Personal or economic rights. The customer also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone’s right to privacy or other personal or economic rights. The customer will, at the customer’s Sole expense, promptly and thoroughly defend the provider in all legal actions on these grounds as long as the provider: promptly notifies the customer of the legal action; gives the customer reasonable time to undertake and conduct a defense. The provider reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law.

21. STORAGE: The provider will retain and store intermediate materials at no extra cost to the customer. The provider is not liable for any loss or damage to stored material beyond what is recoverable by the provider’s fire and extended insurance coverage.