Terms & Conditions
American Printing Company Terms & Conditions:
LEGAL CLAIM NOTICE
Please read these terms & conditions carefully. By accessing this web-site you agree to be bound by the terms & conditions stated below. If you do not agree to the terms & conditions stated below, please do not access this web-site. American Printing Company (herein referred to as APC) reserves the right to change, modify or amend these terms and conditions without any notice.
Disclaimer of warranties
This site, including all content, functions, and information made available on or accessed through the site, is provided on an "as is" "as available" basis without representations or warranties of any kind whatsoever, express or implied, including without limitation non-infringement, merchantability, or fitness for a particular purpose. APC does not warrant that the site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users.
The internal laws of the State of Kentucky shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Hopkins County, Kentucky for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APC - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO APC.
You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom APC has licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any protected area of the Site, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.
Customer is fully responsible for final artwork layout prior to the printing process. Graphic design/layout service is available through APC at an additional charge. If you are in need of graphic design/layout services (see “DESIGNING FILES” section).
APC is NOT LIABLE for errors in a final product caused by (but not limited to) Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, or Punctuation.
By submitting my artwork files to APC, "I agree to the following terms." I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my file will print EXACTLY as it is uploaded, that I cannot make any changes once my order is placed, and that I assume all responsibility for typographical errors.
APC will make several attempts to contact Customer when packages are ready for pickup. Customer has up to 15 days to pick up the package(s) from APC's facility. If Customer does not pick up the package(s) within this time period, the package(s) will be discarded, and APC will not be held liable for the discarded item(s). Orders may be picked up during our normal business hours, Monday–Friday, 8:00am to 5:00pm Central Standard Time.
All material on this website Copyright © 2014 American Printing Company/APC Solutions (unless otherwise noted). All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on this web site and/or its subsidiaries or the copyrighted property of parties from whom APC has licensed such property. You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the APC service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. APC policy also states that you cannot use explicit language, hate propaganda, or pornography on printed materials and merchandise.
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not APC, are entirely responsible for all Content that you use from APC Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of APC or any third party. APC does not control the Content uploaded by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will APC be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Your Content may be used in our advertising or as a reference sample.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You acknowledge that APC does not pre-screen Content, but that APC and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that APC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of APC, its users and the public.
ACCESS TO CONTENT
We advise that you have a copy of all files and content uploaded to APC, as we will not be able to send back any of your files/content at any given time.
After printing, your Content and the Proofs APC sent you may be removed/deleted at any time without notice. Proofs will remain available for a maximum of 3 months.
APC maintains no guarantee that Content uploaded into our system or provided by us as a background or clip art asset will be available in the future.
APC will provide custom designs for the rate of $96.00 per hour, with a minimum charge of $25.00 per design. Please contact us during normal business hours for more information on design services. Customer is fully responsible for final proof and layout prior to the printing process.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
APC accepts artwork of the following types: PDF (preferably), JPG, GIF, BMP, and PNG. All artwork should be flattened/rasterized prior to submission. Although it is not necessary, APC strongly recommends that all fonts in PDF files be converted to outlines/curves to ensure proper output.
All artwork or designs and images should be provided in CMYK format. APC is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.
All artwork, designs, and images should be provided in a MINIMUM of 300 DPI, in CMYK color mode, and at a MAXIMUM FILE SIZE OF 100 MB (Megabytes). APC is not responsible for images printed as fuzzy, distorted or pixilated due to improperly provided artwork. Please contact APC if your file is larger than the maximum size of 100MB, or if your file is not listed as an accepted type. Additional fees may apply.
COLOR PROOFING, MATCHING & PRINTING
APC is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
APC will try it's best to match the gradient density of each color, however, APC is not liable for the final appearance of a color.
APC will be happy to help you cancel your order prior to Approval. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order. If job is canceled, any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. Minimum is $15 (15% - 30% of total transaction). Once the order has been placed successfully, No Refunds are issued for Graphic design services. All work and services rendered to Customer remains APC's property until Customer has paid for it and discharged all other debts owing to APC. If Customer misuses service(s) in any way, APC reserves the right to contact the parties responsible for the misuse, and request the cost for the service(s).
RETURNS AND REFUNDS
- All returns are subject to a 15% restocking fee.
- Shipping and Handling charges are non-refundable.
- Returned Products Must Be Complete - All products MUST be returned 100% complete. APC reserves the right to refuse the return of any incomplete product received.
- Once product has been returned to APC and condition has been assessed, a credit memo will be issued minus the 15% restocking fees.
- If the product has been damaged through customer misuse, missing parts, tapered with or the product is not in "Like New" condition, additional fees will be assessed
RETURNS AND REFUNDS
ON CUSTOM-PRINTED ITEMS
Since each custom-printed order is unique to customer and has no re-sale value, ALL SALES ON CUSTOM-PRINTED MATERIALS ARE FINAL. If we verify that we made an error, we will re-print the order. No Refunds or Credit.
Customer must notify APC within 6 business days of delivery to notify any defects discovered in the ordered product. In order to receive a replacement product, Customer must return 100% of the received product within 15 days (at customer’s expense) from the time when the ordered product delivery was received. All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped at customer's own expense.
Coupons cannot be applied to orders containing custom quotes, direct marketing, or mailing services.
ORDER SHIPPING & DELIVERY
APC will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall APC be liable for any consequential or damages resulting from any delay in shipment or delivery.
All APC customers agree not to hold APC liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances. APC shipment and delivery dates are calculated based upon estimates provided by our suppliers.
APC will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
Orders that will be picked up: Please allow up to one additional business day after the turnaround to prepare packages for pickup.
Orders that will be shipped: Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping from UPS. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for APC to relay your information and for UPS to pick up, and the following 3 business days/non-holidays for your shipment to arrive.
APC does not ship orders internationally. We apologize for any inconvenience.
SHIPPING ERRORS & LOST PACKAGES
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done within 15 days from package shipment. APC is not responsible for 3rd party shipping errors, omissions or damaged shipments.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, APC will reship the package with corrected address and charge an additional shipping fee for the shipment. UPS may also charge a fee for an incorrect address supplied by the customer.
CREDIT CARD TRANSACTIONS
All credit card transactions are processed through Authorize.net. APC does not store credit card information.
We reserve the right to refuse service without disclosing a reason.
APC reserves the right to correct any typographical errors on product prices or descriptions. All prices are subject to change without notice - no adjustments will be made.
Last updated 01/03/2014, 1:15 PM (CDT)