APD Printing - Terms of Service

 

Customer acknowledgment:
I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I can not make any changes once my order is placed and that I assume all responsibility for typographical errors. By submitting my order to APD Printing. 

I agree to the APD Printing Terms and Conditions set out below.

APD Printing Terms and Conditions:
IMPORTANT.

APD PRINTING. RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE THEM PLEASE DO NOT ACCESS THIS WEB-SITE.

1. ORDER APPROVAL
A customer is fully responsible for final proof and layout approval prior to the printing process. Is NOT LIABLE for errors in a final product caused by any of the following reasons:

Misspelling

Graphics

Bleeds

Grammar

Damage Fonts

Punctuation

Wrong cuts

Incorrect or Missing Folds

Finished Product Size.

2. COPYRIGHT
All material used/found in this Website or used in the production of your order is subject to Copyright. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on apdprinting.com and/or its subsidiaries (referred to herein as APD Printing) or the copyrighted property of parties from whom APD Printing has licensed such property. The Customer (sometimes referred to for convenience as “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 APD Printing 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 can not 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. APD Printing policy also states that you can not use explicit language or pornography on printed materials and merchandise.
3. CUSTOMER CONTENT
All information, data, text, photographs, graphics, messages or other materials supplied by the customer (“Content”) are the sole responsibility of the customer.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content, you agree not to 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 Canada or the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of Canada or 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 rightss of APD Printing or any third party. APD Printing does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will APD Printing 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. 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 APD Printing does not pre-screen Content, but that APD Printing 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 APD Printing 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:

Comply with legal process

Enforce the terms of service

Respond to claims that the Content violates the rights of third-parties; or

Protect the rights, property, or personal safety of APD Printing, its users and the public.

4. GOVERNING LAW
APD Printing is based in Ontario. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Ontario. You agree to submit to the jurisdiction of Ontario courts and agree that venue in these courts is proper in any such legal action or proceeding.
5. LIMITATION OF LIABILITY
In no event shall APD Printing or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not APD Printing has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from APD Printing or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall APD Printing be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
6. INDEMNITY
You agree that you shall indemnify and defend APD Printing and all parties from whom APD Printing has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products.
7. CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format. APD Printing is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs, and images must be provided in minimum of 300 DPI and CMYK color mode. APD Printing is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork. Additional fees may apply for the files larger than 30MB.
8. COLOR PROOFING AND MATCHING
APD Printing 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. While APD Printing will try it’s best to match the gradient density of each color, APD Printing is not liable for the final appearance of a color. Application of UV Coating may affect or change the appearance of the printed colors. APD Printing is not liable for the final color appearance of a UV product/s.
Because of differences in equipment, paper and inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. APD Printing will make every effort to produce a reasonable representation based on materials supplied by the customer; however, APD Printing does not guarantee color matching. Unfortunately time to time there is a misrepresentation of color due to soft proofing because of calibration of one monitor to another.
We do not guarantee color matching between a new order and an old order (Even if the old order was printed by us) Variations of color between and old and new order are normal in our production process. If you require matching an old printing, you need to select that option when checking out. We do not keep samples of orders for more than 1 Month, so you will need you to courier a sample for us to match and pay additional charges as our websites show online. 
9. ENVELOPES AND LETTERHEADS PAPER EFFECT IN COLOR.
Please note that because our letterhead and envelope paper stock is “uncoated”, we recommend you not use colors with high color density. By this, we mean dark colors (black, purple, blue, brown, etc). Dark colors tend to get soaked into the paper if their color values are too high. For best results, use light colors.
10. ORDER CANCELLATION
Orders are eligible for cancellation upon request via email until the earlier of 2 hours order or commencement of production, subject to applicable cancellation charges. A credit voucher is issued with a value equal to the canceled job(s). The voucher will expire six months after initial activation. If a job is canceled charges for any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your voucher. Minimum cancellation charge is $50 plus any credit card charges. Once the order has been placed successfully, No Refunds are issued for the Logo and Graphic design services.
11. RETURNS AND REFUNDS
Since each order is unique to the customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit. Customer must notify APD Printing within 10 business days of receiving an order to notify us of any defects discovered in the ordered product failing which Customer is deemed satisfied with the product. Where replacement is appropriate, Customer must first return 100% of the received product within 15 days (at their own expense) from the time when the ordered product delivery was taken. All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason.
Printed material which needs to be refunded must be shipped back to apdprinting.com at customer’s expense. Our quality control department needs to inspect and verify that complaint is valid.
12. ORDER SHIPPING AND DELIVERY
Please note that all turnaround times are estimates. While APD Printing will use reasonable efforts to prevent delay of delivery schedules, in no case shall APD Printing be liable for any consequential or damages resulting from any delay in shipment or delivery. Orders are F.O.B. the APD Printing Plant, and the customer shall have recourse only to its selected courier for any shipping issues. APD Printing shall not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances. 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, the technical difficulty will not be the grounds for order cancellation. Shipping rates for high quantity products depend on the customers' access to a shipping dock and forklift, otherwise, additional charges may apply.
13. CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is returned to APD Printing due to an error made by the customer in submitting the proper shipping address, APD Printing will reship the package with corrected address and charge an additional shipping fee for the shipment.
14. CREDIT CARD CHARGES
Order exceeding $200 or greater may require an authorization form and copy of credit card and Driving license. APD Printing reserves the right to refuse service without disclosing a reason.
15. LINKS TO THIRD PARTY SITES
The links throughout this site may let you APD Printing site. The linked sites are not under the control of APD Printing and APD Printing is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. APD Printing is not responsible for webcasting or any other form of transmission received from any linked site. APD Printing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by APD Printing of the site.
16. OVERRUNS AND UNDERRUNS
Overruns and underruns not to exceed 5% of the quantity ordered shall constitute an acceptable delivery.
17. INDEMNIFICATION
The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless APD Printing  from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against APD Printing on grounds that printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any persons right to privacy or other personal rights, except to the extent that APD Printing contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding, that may be brought against APD Printing provided that APD Printing shall promptly notify the customer with respect thereto.
18. PAYMENT INFORMATION
APD Printing does not record, keep, or hold any credit card information on our servers, Bambora Inc. is responsible for that. APD Printing only record and hold information on jobs ordered: docket number, qty, paper type finishing, file, and shipping info.
19. NON SOLICITATION
Customer and/or any of its affiliates shall not, without prior written consent, directly or indirectly solicit any employee, contractor or consultant of APD Printing and/or any of its affiliates for a period of two (2) years after last order submitted to APD Printing. 

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