TERMS AND CONDITIONS

 

USER CONTRACT

Thank you for choosing Graphics Design Media. 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 PURCHASE WITH US. Graphics Design Media, sometimes referred to herein as “GDM,” reserves the right to change, modify or amend these terms and conditions without notice. For this reason, we encourage you to review these Terms and Conditions whenever you intend to purchase. 

1. ACCEPTANCE

Acceptance of our quotation or the placing of an order shall constitute acceptance of these terms and conditions in their entirety, unless specifically varied in writing by Graphics Design Media.

2. QUOTATIONS AND ESTIMATES

(a) Quotations are based on current costs of materials and services and unless otherwise agreed in writing, are subject to amendment to meet any rise in such costs between the date of quotation and the date of execution, except that such quotation shall be held firm for 30 days.

(b) When quotations are based on specifications, roughs, layouts, samples, dummies or printed, typewritten or other good copy provided by the client, any extra work or cost caused by any variation by the customer of their original instructions or specifications shall be additionally chargeable.

(c) Upon acceptance by the customer, Graphics Design Media’s written quotation shall be deemed to have interpreted the customer's instructions correctly.

3. YOUR SUBMISSIONS

Order processing will begin when the following items are complete:

• Press-ready files are received

• Payment is processed

4. PROOFS

If requested by the customer, proofs of work will be submitted for the customer's approval prior to printing. No liability is accepted for any errors not corrected by the customer on proofs.

To ensure proper color matching, customer 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 color between color 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 products may differ from what you see on your screen. Please keep in mind that while we will try our best to match proofs, Graphics Design Media DOES NOT GUARANTEE COLOR MATCHING.

5. PRINT/DELIVERY SCHEDULE

The delivery schedule comes into effect once a proof is approved. If the client chooses "no proof required", then the delivery schedule comes into effect once the payment is received. Turnaround time does not include shipping. Be sure to factor this into your schedule.

6. OUTSIDE WORK

Where the performance of any contract with the customer requires Graphics Design Media to obtain goods or services from a third party, the contract between us and the customer shall incorporate, and shall be subject to, the conditions of supply of such goods and services and the customer shall bear the full cost of such goods or services.

8. SPECIAL PURCHASES

Dies, knives, engravings or other special materials purchased for the execution of the customer's order shall be chargeable, but remain the property of Graphics Design Media.

9. OVERS & UNDERS

Graphics Design Media makes every effort to deliver work in the precise quantity ordered, but the customer agrees to make no claim for damages in the event that the quantity delivered is within 10 percent of the quantity specified; credit shall be given for such shortfall and such excess shall not be chargeable.

10. CLAIMS

All claims in respect of work, or the quality or quantity thereof, shall be made in writing within 14 days of receipt by the customer. In the absence of such a claim, the work shall be deemed to have been received, checked and accepted as fully complying with the customer's specifications.

11. PAYMENT

All prices are in U.S. Dollars (USD). Full payment, including applicable taxes and shipping/handling fees, is required before Graphics Design Media begins work on an order. No exceptions, except for “Cash Pick-Up” projects, where artwork will not be released until payment is made in full. Once a print job is approved, no changes are allowed. The customer is responsible for the full payment once a job has been submitted to prepress, unless otherwise agreed upon in advance.

12. REFUSAL OF SERVICE

We reserve the right to refuse any order at our own discretion (e.g., due to inappropriate or distasteful subject matter.)

13. FILE ERRORS

Graphics Design Media will contact the customer when errors are detected in their supplied files. The customer will be alerted to the issue and given the following choices:

• Resubmit a corrected file (this will be treated as a new order). A $15 processing fee will be charged.

• Request an estimate for Graphics Design Media to correct the files. This action will require additional payment before the order will proceed.

14. REFUNDS AND CANCELLATIONS

All sales are final. Refunds are only possible if work has not started and are subject to a cancellation fee. No refunds will be provided once work has begun. Requests for refunds are only accepted within 7 days of order placemen

Partial refunds are available on orders that have begun processing but have not gone to press. A refund will be given for the portion of work that has not yet been completed. A $15 processing fee will be charged in such cases. For orders already on the press, no refunds will be given. To cancel an order, call us at (725)-910-5803. You will need to provide your order number, which can be found in the subject line of the email that you received after placing your order. NO REFUNDS on personalized items!

15. LIABILITY

15a. Delivery Delay Liability:

Graphics Design Media shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims or delay of delivery.

15b. Limit of Liability:

Customers must notify GDM of defects within 30 days of delivery or pickup. GDM assumes no liability beyond the price of the order. Errors approved by the customer (e.g., spelling, graphics, or layout issues) are not the responsibility of GDM.

16. FORCE MAJEURE

Contracts and deliveries may be suspended or delayed in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure essential materials due to any of the foregiong causes, or any other occurrence beyond our control preventing or retarding performance of the contract or delivery of work, and no responsibility shall attach to Graphics Design Media for any delay, default, loss or damage resulting from any of the above causes, and the customer undertakes not to bring any claim for damages against Graphics Design Media arising from any circumstance described herein.

17. GENERAL LIEN

In respect of all unpaid debts due from the customer, Graphics Design Media shall have a general lien on all goods and property in our possession and shall be entitled on the expiration of 14 days (or such other period as we may stipulate) notice to the customer, to dispose of such goods or property as we think fit and to apply the proceeds towards satisfaction of such debts. Such lien shall further extend to all goods produced or supplied by us wheresoever located, for which payment has not been received, and we shall be entitled to enter the customer's premises and repossess such work and dispose of it, applying the proceeds towards satisfaction of the debt, without that such repossession and or disposition shall annul or diminish in any degree the obligation of the customer with respect to remaining unpaid amounts, nor mitigate the rights and recourse of the printer under law for full recovery of said debts and costs of collection thereof.

18. WAIVER

Notwithstanding that Graphics Design Media may agree with respect to any specific transaction, either expressly or by implication, to waive one or more of these terms and conditions, such agreement shall in no way release the customer from the other terms, conditions, obligations or requirements set out herein.

19. STANDING MATERIAL

At Graphics Design Media's discretion, all plates, type, cutting forms and other printing materials used in the production may be broken up and/or destroyed immediately on completion of work unless we are specifically requested in writing to keep it standing. All such matter kept standing shall remain the property of Graphics Design Media. If matter is kept standing, pursuant to such a request an additional charge may be made for storage, maintenance and any other necessary attention.

20. CUSTOMER'S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER

• Customer's property and all property and material supplied to the printer by or on behalf of the customer (including goods in transit) are held at the customer's risk and Graphics Design Media accepts no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed in writing.

• Unless the customer establishes that Graphics Design Media has been negligent, the risk and cost of all spoilage of customer supplied materials shall be borne by the customer.

• Where the customer supplies materials, they shall supply an adequate quantity to provide for in-production run up and spoilage and Graphics Design Media shall assume that such materials are supplied in the necessary quantity.

21. Reproductions of Currency:

The law restricts reproductions of U.S. and foreign currency, checks, bonds, revenue stamps, and securities. The Counterfeit Detection Act of 1992 (Public Law 102-550, Section 411 of Title 31) places restrictions on U.S. currency illustrations.

• Color Reproductions:

  • The illustration must be between three-fourths and one and one-half times the size of any part of the currency.
  • The illustration must be one-sided.
  • All media used in the making of the illustration must be destroyed or deleted after final use.

• Black and White Reproductions:

  • Permitted as long as the reproduction complies with size requirements.

For full guidelines, please visit the Bureau of Engraving and Printing and U.S. Secret Service Money Illustrations.

We check customer artwork for these requirements but cannot guarantee compliance. Graphics Design Media (GDM) assumes no responsibility if reprints are necessary due to non-compliance.

22. Chargeback Policy:

Once a charge is made, it cannot be disputed or charged back. Any chargebacks will result in the customer being liable for attorney fees and collection costs. Proof of purchase will be provided to contest any chargeback.

23. Sales Tax Policy:

Sales tax is applied to all orders unless a valid tax exemption certificate is provided at the time of order.

24. Job Cancellation & Printing Downgrade:

A 15% cancellation fee (minimum $15) applies if requested before the order goes to press. No refunds for cancellations or downgrades once production starts.

25. Marketing Promotions and Discounts:

Promotions cannot be applied to previous purchases and cannot be combined. Discounts apply only to printing charges, not to custom quotes, shipping, or taxes.

26. Turnaround Time:

Turnaround begins once full payment is received and files are uploaded and approved. All turnaround times are based on business days and exclude weekends and holidays. For jobs requiring custom design, no guaranteed turnaround time is provided.

27. Time-Sensitive Jobs:

Time-sensitive jobs must be clearly communicated to GDM. If turnaround times cannot meet the customer’s requirements, cancellation may be allowed only with written consent.

28. Low-Quality Artwork:

GDM is not responsible for poor-quality prints resulting from low-resolution artwork submitted by the customer. It is the customer’s responsibility to ensure the quality of files before submission.

29. Rush Orders:

Rush orders must be submitted by noon PST to begin production that day. Rush printing fees apply based on the size and scope of the job.

30. Overprint and Underprint Policy:

Due to GDM's gang-run method of printing, we guarantee quantities within a 10% margin. Credits will be issued for shortages exceeding this margin.

31. Shipping:

Once a package is shipped, GDM is not responsible for delays, damages, or lost shipments. Shipping times are estimates and do not include weekends, holidays, or carrier delays.

32. Pick-Up Orders:

Orders must be picked up within 30 days. After this period, they will be shipped to the customer, and shipping charges apply. A 20% reprint fee applies for orders picked up after 30 days.

33. Product Rights and Refusal of Service:

GDM reserves the right to show printed products as samples and to refuse service for jobs deemed offensive or obscene. We may also refuse service to any customer without explanation.

34. Copyright and Intellectual Property:

All content created by GDM is protected by copyright and cannot be used without explicit permission. This includes all artwork, logos, graphics, and design work.

35. Governing Law:

These Terms and Conditions are governed by the laws of Nevada, USA, and any disputes will be resolved in Clark County, Nevada.

36. Indemnification:

Customers agree to indemnify GDM for any legal issues arising from the use of our services or content submitted by the customer.

37. Transfer of Title:

Ownership of printed materials transfers to the customer once GDM ships the order or transmits the product electronically.

38. Disclaimer of Warranties:

GDM makes no guarantees regarding the results or accuracy of our services.

39. Limitation of Liability:

GDM is not liable for any indirect, incidental, or consequential damages arising from the use of our services.

40. Attorney’s Fees:

If a legal dispute arises, the prevailing party may be entitled to attorney’s fees.

41. Email Notifications:

Customers will receive email notifications about their order status. Customers must keep their email information updated to receive important notifications.

42. Use Restrictions:

Services are to be used for legitimate purposes only. Fraudulent or unlawful use of GDM’s services is prohibited.

43. User Feedback: 

Any comments, feedback, or suggestions provided to GDM become our exclusive property and can be used in any medium without compensation.

44. Modifications/Termination of Usage:

GDM reserves the right to modify or discontinue services without notice. We are not liable for any service interruptions.

45. Terms of Agreement:

The user understands and agrees to follow these Terms and Conditions, together with the Privacy Policy. This agreement is between the user, Graphics Design Media and it supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified unless in writing and available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired and shall remain valid and enforceable to the maximum extent possible. 

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By using Graphics Design Media’s services, you agree to comply with these Terms and Conditions.