Terms & Conditions
1. CONDITIONS OF USE
Welcome to FirstinPrint.com (“Site”), a web property owned by Fuel Multimedia, dba First in Print (“FIRST IN PRINT”). Please review the following basic terms that govern your use of and purchase of products and services through our Site and other means. Please note that your use of our Site requires your agreement to follow and be bound by these terms (the “Agreement”).
We may periodically change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as revised.
We may change, move, delete or add to our Site from time to time. All prices are subject to change without notice.
3. SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by FirstinPrint.com, and its subsidiaries and/or affiliates (“FirstinPrint.com”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by FirstinPrint.com. FirstinPrint.com trademarks appearing on this site are trademarks of FirstinPrint.com.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
4. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to FirstinPrint.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain FirstinPrint.com’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to FirstinPrint.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, FirstinPrint.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. FirstinPrint.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
5. FIRST IN PRINT’S COMMUNICATIONS TO YOU
You agree that FirstinPrint.com may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of FirstinPrint.com’s products or services, or for such other purpose(s) as FirstinPrint.com deems appropriate.
6. PRODUCT INFORMATION
Most FirstinPrint.com products displayed at the Site are available while supplies last. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
8. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which FirstinPrint.com does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
9. INACCURACY DISCLAIMER
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase you may return it with your invoice by mail. Please see our Return Policy.
You agree to defend, indemnify and hold FirstinPrint.com harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
Unless otherwise specified and except to the extent FirstinPrint.com products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting FirstinPrint.com’s products and services available in the United States and select foreign markets. This Site is controlled and operated by FirstinPrint.com from its offices in Miami, Florida.
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Florida, County of Dade.
This Agreement is effective unless and until terminated by either you or FirstinPrint.com. You may terminate this Agreement at any time. FirstinPrint.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in FirstinPrint.com’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or FirstinPrint.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
13. PAYMENT TERMS
Our policy on design and service related projects is that we require a 50% down payment up front, and remainder upon completion of the work or phase of project. In a multi-phase project, we require final approval and completion of the current phase prior to beginning a subsequent phase. Our policy on the sale of printed or other tangible goods is that we require 100% payment prior to beginning production. Many projects contain both products and services. In this case, the down payment comprises 50% of the services to be rendered, then upon approval design and prior to beginning production, remainder of payment is due in full.
14. OWNERSHIP OF ARTWORK AND SOURCE FILES
Except for Customer’s Proprietary Material (defined below) contained in the Project, First in Print shall hold all right, title, and interest in all original artwork, whether in draft, mock-up, concept or final development for the Project. Specifically, but without limitation, Designers shall hold all right, title, and interest in and to (1) all text, graphics or digital components of the Project (the “Content”), (2) all layouts, logos, structures or arrangements or other components of any materials presented to Customer that comprises the Project, (3) all literal and nonliteral expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Project or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Designers’ right, title, and interest in the Project, as described in this Paragraph 4. Notwithstanding the above, Customer shall retain and, Designers shall have no proprietary rights whatsoever in all of Customer’s intellectual property rights in any and all text, images or other components and/or materials owned by Customer, or which Customer has the legal right to use, that are delivered to Designers, including but not limited to software, related documentation, Customer marketing material, logos, and tag lines (“Customer’s Proprietary Material”). Designers agree that they shall not use Customer’s Proprietary Material for any other purpose than those expressly set forth in this Agreement. In certain situations, First in Print may make original source files and full rights of ownership available to Customer. There may be a fee associated with transfer of these rights and ownership in addition to any standard design and printing fees associated with the original project.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT FTHW SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
16. PRINTED OR DIGITAL PROOFS
Proofs of all work may be submitted for customer’s approval and FIRST IN PRINT shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to FIRST IN PRINT’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
(a) Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by FIRST IN PRINT shall vest in and belong to FIRST IN PRINT. FIRST IN PRINT may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (‘Materials’) prior to instructing FIRST IN PRINT to reproduce the same. The customer shall indemnify and hold FIRST IN PRINT and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defense of such claim) that the reproduction of the Materials by FIRST IN PRINT infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
(b) All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any website owned, controlled or operated by FIRST IN PRINT are the intellectual property of FIRST IN PRINT or its content providers and all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to FIRST IN PRINT. No reproduction of any part is allowed without written permission from FIRST IN PRINT.
18. DELIVERY & PAYMENT
Turnaround is measured in business days defined as those days on which the federal banks in the United States are open for normal business (‘Business Days’). For orders guaranteed to be ready within a certain time period (‘Guaranteed Turnaround Service’), delivery (as more particularly described in paragraph 9(b) below) will be made no later than 10 pm on the last Business Day of the agreed upon time period (the ‘Guaranteed Period’). Should FIRST IN PRINT fail to deliver within the Guaranteed Period (see also paragraph 10 Variations in quantity), a credit will be issued up to the value of the order in question redeemable against future orders within 6 months of the issue date (the ‘Credit’). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service (the ‘Premium Charges’). Where the late delivery is the result of the action or inaction of a third party, such as a carrier, FIRST IN PRINT, at their absolute discretion, may elect to extend the Guaranteed Period by one Business Day and the customer shall not be awarded a Credit during this time. In addition:
(a) Guaranteed Turnaround Services rely on the customer not delaying the progress of the order in any way which delays include but are not limited to the customer not returning proofs by the time specified by FIRST IN PRINT or failing to make payment by the time such payment is due (each, a ‘Customer Delay’). In the event of a Customer Delay, the customer shall not be awarded a Credit and the customer shall still be obliged to pay the Premium Charges, but FIRST IN PRINT shall not be bound to deliver within the Guaranteed Period.
(b) Delivery of work by FIRST IN PRINT shall be deemed to take place upon pickup of the work by the customer, where the customer is obliged to pick up the work, or actual delivery, where FIRST IN PRINT is obliged to deliver the work to the customer. Where the customer is obliged to pick up the work, customer’s failure to pick up the work on the day which FIRST IN PRINT is contractually obliged to have it ready for pickup shall be deemed a Customer Delay. Where FIRST IN PRINT is obliged to deliver the work to the customer and the customer provides FIRST IN PRINT with incomplete or incorrect delivery information or is not available to accept delivery, and provided that the printing.com has used reasonable efforts to deliver the work to the customer, such a failed delivery shall be deemed as a Customer Delay.
(c) Unless otherwise specified, the price quoted does not include shipping. Shipping charges may be added to cover delivery to customer’s desired address.
(d) Should expedited delivery be agreed upon, FIRST IN PRINT shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery.
(e) Should work be suspended at the request of or delayed through any fault of the customer for a period of 30 days or more, FIRST IN PRINT shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
(f) Risk of loss or damage to work completed by FIRST IN PRINT shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by FIRST IN PRINT until FIRST IN PRINT has received payment in full in respect of the work.
(g) In the unlikely event that FIRST IN PRINT deems it necessary to re-print work, the Guaranteed Period shall recommence from the time of FIRST IN PRINT’s confirmation to the customer of its agreement to reprint the work.
19. QUANTITY VARIATIONS
Every effort will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and that FIRST IN PRINT shall have no liability in respect of such variations. For other variations, FIRST IN PRINT’s entire liability will be limited to the
|Quantities||No Credit awarded||Pro Rata Credit awarded||1.5x Pro Rata Credit awarded|
|up to 1,000||Shortage up to 10%||11% to 20%||21% to 25%*|
|up to 5,000||Shortage up to 7%||8% to 15%||16% to 23%*|
|up to 20,000||Shortage up to 5%||6% to 12%||13% to 21%*|
|above 20,000||Shortage up to 4%||5% to 10%||11% to 20%*|
* The customer’s sole remedy in respect of shortages above these quantities (‘Additional Shortages’) will be a re-print of the entire shortage quantity of the relevant work, to be undertaken by FIRST IN PRINT within a reasonable period of time. The customer shall not be entitled to a Credit in respect of an Additional Shortage.
Notice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to FIRST IN PRINT and the carrier within three days of delivery (or, in the case of non-delivery within 28 days of shipment of the goods) and any claim in respect thereof must be made in writing to FIRST IN PRINT and the carrier within seven days of delivery (or, in the case of non-delivery, within 42 days of shipment). All other claims must be made in writing to FIRST IN PRINT within 28 days of delivery. FIRST IN PRINT shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) notice (where required) was given and the claim made as soon as reasonably possible.
FIRST IN PRINT gives no warranties or guarantees and makes no representations as to the merchantability or fitness for a particular purpose of any completed work which is the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. FIRST IN PRINT shall not be liable for any loss arising from delay in transit not caused by FIRST IN PRINT. Further, FIRST IN PRINT shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of FIRST IN PRINT in respect of any and all causes of action arising out of or in connection with the customer’s order and FIRST IN PRINT’s performance of services pursuant to such order whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise shall, subject to the provisions of paragraph 10, be limited to the sums paid to FIRST IN PRINT by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to applicable law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
22. STANDING MATERIAL
(a) Metal and other materials owned by and used by FIRST IN PRINT in the production of plates, film-setting, negatives, positives and the like shall remain the exclusive property of FIRST IN PRINT. Such items when supplied by the customer shall remain the customer’s property.
(b) Lithographic, together work or other materials supplied by the customer may be effaced or destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, FIRST IN PRINT shall be entitled to make additional charges.
23. CUSTOMER’S PROPERTY
(a) The customer’s property and all property supplied to FIRST IN PRINT by or on behalf of the customer shall while it is in the possession of FIRST IN PRINT or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly.
(b) Where a customer fails to pick up work within 20 Business Days from notification to the customer of completion of the work, FIRST IN PRINT shall be entitled, at its discretion, to either store the work until actual delivery or pickup is made and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for payment in respect of the relevant order).
24. MATERIALS SUPPLIED BY THE CUSTOMER
(a) FIRST IN PRINT may reject any paper, plates or other materials supplied or specified by the customer which it considers to be unsuitable. Additional costs incurred if customer provided materials are found to be unsuitable during production may be charged back to the customer.
(b) FIRST IN PRINT shall have no liability for any work being of less than satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
(c) Customer shall provide an adequate amount of customer supplied materials to cover normal spoilage. FIRST IN PRINT shall have no liability for any shortfall in the quantity of any order to the extent that such shortfall arises as a result of the insufficient supply of customer supplied materials.
CREDIT TERMS AND PAYMENT
FIRST IN PRINT shall charge interest on the overdue amount of any invoice at the rate of 1.5% per month and an administration fee in the amount of $50 on any customer check returned to FIRST IN PRINT for any reasons. In addition, the customer shall be responsible for any other costs relating to any collection of payment.
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or files a voluntary petition for bankruptcy protection or an assignment for benefit of creditors or is the subject of an involuntary bankruptcy petition, then in any such event, FIRST IN PRINT without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to FIRST IN PRINT, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in FIRST IN PRINT’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as FIRST IN PRINT deems commercially reasonable and to apply the proceeds towards such debts.
26. ILLEGAL MATTER
FIRST IN PRINT shall not be required to print any matter which in its opinion is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights or any third party. Without prejudice to paragraph 7 above, the customer shall indemnify and hold FIRST IN PRINT harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
27. PERIODICAL PUBLICATIONS
Save in respect of a material breach and/or in the event that a claim arises under any indemnity set out above, a contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Notwithstanding the foregoing, FIRST IN PRINT may terminate any such contract without such notice in the event of a material breach by customer, a claim arises under any indemnity provided for herein or the customer fails to pay any amount due to FIRST IN PRINT and such amount remains unpaid for a period of 7 or more days from its due date.
28. FULL-COLOR PRINTING
All reasonable efforts shall be made to obtain the best possible color reproduction on customer’s work. Customer understands that variation is inherent in the print process and therefore acknowledges and agrees that FIRST IN PRINT shall not be required to produce an exact match in color or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by FIRST IN PRINT or other party) or any other materials supplied by the customer and the customer’s order.
29. DATA PROTECTION
By placing an order with FIRST IN PRINT, the customer consents to FIRST IN PRINT disclosing customer information including the details of any order and contact information to FIRST IN PRINT and/or to its affiliates for accounting and marketing purposes. All customer information will be maintained and used by FIRST IN PRINT even after the customer’s trading relationship with FIRST IN PRINT has terminated. FIRST IN PRINT Customer consents to the use of all such customer information by FIRST IN PRINT may use the customer’s personal information at its discretion in its marketing and advertising efforts.
30. FORCE MAJEURE
FIRST IN PRINT shall not be deemed in default hereunder where such default is based on a delay in performance as a result of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualty, acts of God, acts of public enemy, epidemic, quarantine restrictions, freight embargo, lack of transportation, government restrictions of priority, litigation, severe weather, inability to procure required materials and other acts or failures beyond the control of FIRST IN PRINT. During the continuance of any such event the customer may by written notice to FIRST IN PRINT elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.
32. GOVERNING LAW
These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.