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TERMS OF USE
Please
read these Terms of Use carefully. These Terms of Use
govern your access and use of this Site. By accessing
or using this Site you agree to be bound by these Terms
of Use and to any additional guidelines, restrictions,
or rules that may be posted in connection with specific
sections or services of this Site. All such additional
posted guidelines, restrictions, or rules are hereby
incorporated by reference into these Terms of Use. Business
Card Source reserves the right to make changes to this
Site and to these Terms of Use at any time without prior
notice. You should review these Terms of Use each time
you access this Site.
USE OF SITE
You agree to use
this Site in a responsible manner that is in full compliance
with these Terms of Use and with your local laws and
regulations, including export and import regulations.
Without limitation, no portion of Content may be utilized
as a trademark or service mark, for any pornographic
use, for any unlawful purpose or use, to defame any
person, to violate any person’s right of privacy or
publicity, to infringe upon any copyright, trade name,
trademark, service mark or other intellectual property
right of any person or entity. You agree that you will
not use the Site to produce Products that are offensive,
unlawful, harassing, libelous, threatening, harmful,
obscene, malicious or otherwise objectionable. Business
Card Source may terminate its service to customers found
to be using Business Card Source to engage in undesirable
activities. You agree that you will not include any
text, image, design, trademark, service mark, or any
copyrighted work of any third party in your Products
unless you have obtained the appropriate authorizations
from the owners. You warrant that your Products do not
infringe upon any rights of any third party, including
copyright, trademark, right of publicity or privacy,
and will not libel or defame any third party, and that
you have all required rights or permissions necessary
to incorporate third party material into your Products.
By placing an order on this Site, you warrant that you
have all necessary permission, right and authority to
place the order and you authorize Business Card Source
to print Products on your behalf. You agree that you
will be responsible for all orders placed or other actions
that are taken through your registered account.
SHIPPING CHARGES
Our on-line ordering
system assumes that you are ordering from the 48 contiguous
states within the United States of America. We place
a message within the ordering system indicating this.
Due to the expense of shipping, the shipping charges
on ALL orders to Hawaii and Alaska will be adjusted
accordingly, usually by a separate additional shipping
charge, based upon UPS or FEDEX actual charges to those
areas.
PRINTING PROCESS
Utilizing a method
known as brokered Gang Printing, we are able to provide
our clients with professional full color printing at
a discount of retail store-front cost. This process
known as Gang Printing combines your job with other
jobs having similar requirements. This allows the initial
production costs to be divided over several jobs, greatly
reducing the set-up and printing charges for each customer.
All work is carried out by skilled professionals, on
state of the art digital equipment, to assure you some
of the best printing the industry has to offer.
EMAILED OR ON-LINE PROOFS (Custom Designed Items only)
We cannot create
artwork or proofs without your commitment to purchase
from us.
After receiving your
order, information and file(s), we will provide you
a proof of your job within the same to next business
day (depending on when the order was placed) unless
you have submitted to us a "print-ready" file.
The actual time will vary depending on our current workload.
If we are designing your project the online proof will
be sent when the design project is completed and ready
to print. No job will
be sent to print without your approval, so please check
your email often and reply as quickly as possible.
Please take note that an on-line proof is by no means
an accurate color reproduction of your final printed
piece (Computer Monitors, which may or may not be properly
calibrated and display color in a RGB format. Professional
printing is done in a CYMK format) but is a final opportunity
for you to carefully proofread the content and verify
that the file is indeed the file you submitted for printing.
Before we print, all edits should be finalized, the
copy carefully proofread and all design issues should
be settled. We will
not take responsibility for any copy or design errors
committed on your part. We are
also not responsible for any wrong dates or misspelled
words in files submitted by customer or jobs approved
by customer upon design completion.
There are
no proofs provided for sales that involve "print-ready"
jobs you send us from your designer or those you designed
yourself as they are your creation.
There are no proofs
(other than what you see on-screen) when you use our
on-line design studio.
PRESS PROOF - FOR EXACT COLOR REQUIREMENTS
In full color printing
the accuracy of color reproduction is not guaranteed
unless a Press Proof is obtained, and by placing an
order with Business Card Source you agree to these terms.
We will accept no responsibility for color variations
between submitted files or photos and the final printed
piece. Under no circumstances will a reprint be honored
for color variations that have occurred during the printing
process if a Press Proof was not obtained. Be
aware that the vast majority of our clients choose to
proceed without a Press Proof and achieve great results,
but this in no means implies that you should do the
same. A Press Proof is basically a preview of
how the project will look before it goes to print. This
procedure is usually done on large orders. It is a full
color sample made from the actual files your job will
be printed from. It is an excellent, but costly, way
to verify color information. There are millions of color
variations but if your company requires a specific color,
it would be a good idea to verify the color with a Press
Proof. The Press Proofing system is calibrated to our
press printing characteristics and is constantly maintained
and monitored, thus assuring our clients color accuracy
and repeatability within a 10% variance (an industry
standard). We will be glad to produce a Press
Proof for you for an additional charge and overnight
it to you for your approval. Be aware that each Press
Proof usually delays a project an average of 5 – 7 business
days. Press Proofs are available for $75.00 per proof;
paid in advance with no refunds granted. You should
be aware that it usually takes several Press Proofs
to correct some color discrepancies. If you require
a Press Proof you need to contact us by phone or order
it on-line. We can be reached by dialing 1-724-776-9296.
QUOTES
All of our pricing
strucutres of our main site are located on each product
page. Our on-line design site has different pricing
structures because of the offering types. We
will only do quotes on volumes not currently posted
on either site. Example: business cards for a
whole office or businesses that commit or demonstrate
sole source purchasing. All quotes are only
valid for 10 business days.
REFUNDS / REPRINT POLICY
As all jobs are
custom jobs, we do not refund money once work
has begun on a design nor once a client has
approved a job thereby releasing it to print, nor where
you have submitted to us a "print-ready" file
that you or your own designer created. Since each
order is unique to customer and has no re-sale value,
All Sales Are Final. If we verify that
the press made an error, the press will re-print the
order. No Refunds or Credit. All charges related to
expedited printing or shipping (Rush Printing or Shipping)
or postage are NOT REFUNDABLE for any reason. Under
no circumstances will a reprint be honored for color
variations that have occurred during the printing process
if a Press Proof was not obtained. Business Card
Source will only reprint jobs that exhibit signs of
(or are indicative of) a press run quality
problem AND the client has mailed us the samples which
we would request for documentation purposes within 5
business days. As all clients must approve
their proof, you acknowledge that Business Card Source
can not take responsibility for something you approved
or for a "print-ready" file that you submitted.
Please refer to the EMAILED PROOF and PRESS PROOF clauses
above.
Business Card Source
and its family of online web sites does not
tolerate credit card fraud. All fraud, without
exception, will be prosecuted to the full extent of
the law. In addition, we will pursue civil legal action
seeking any loss of income related to the fraud, including
business, legal fees, research costs, employee down
time and loss of revenues.
We take credit card fraud and frivolous charge backs
as a personal attack on our fiscal well-being.
Business Card Source also considers credit card charge
backs to be fraud if you made no reasonable effort to
notify us that a problem existed, or to resolve or clarify
a situation or matter. A simple phone call, email or
letter normally resolves many misunderstandings. In
days old this was called "common courtesy".
All frivolous charge backs not only costs our employees
time away from our usual and customary matters of conducting
normal business, but costs us money, therefore:
YOU AGREE that if you choose to do business with Business
Card Source or any of our related companies and file
a charge back with your credit card company and do not
win the charge back argument you specifically agree
to pay us an administrative fee of $150.00
for our administrative time responding to the matter
in addition to the original charge. You authorize us
to charge this fee to your credit card. If this charge
is rejected by your card issuer, Business Card Source
will peruse legal action to recoup losses for our time
associated with responding to the charge back in addition
to any other fees explained above.
LEGAL: You agree via your conducting business with
Business Card Source that any legal action resulting
from any transaction will be guided by the laws of and
take place in the state of Pennsylvania, Butler County.
You agree to reimburse us or any representative we may
appoint for any legal expenses your actions may make
us incur. We take fraud seriously.
If any provision of this Agreement is deemed illegal,
invalid, or unenforceable, the remaining provisions
shall remain in full force and effect. The waiver of
a breach hereunder does not waive any other or subsequent
breach.
INCORRECT ORDER SKUS
All orders are
custom orders. If an order is placed with an incorrect
sku, a manager will email you with a notification that
your order total is incorrect. You have the opportunity,
before design/set-up work starts, to
cancel the order without a charge to your credit card
or confirm your intent to order from Business Card Source
with either the correct sku or additional charges to
the final total of your order. Cancelled custom orders
consume valuable time and paperwork and unfortunately,
we must and will pass on those costs to those who consume
that time and not to our loyal base clients. By placing
an order with us, you agree to this policy.
CANCELLED ORDERS
Note: we
attempt to provide the best custom service available
and our pricing is based upon a quick turn-around time
on professional proofs. Cancelled custom orders consume
valuable time and paperwork and unfortunately, we must
and will pass on those costs to those who consume that
time and not to our loyal base clients. By placing an
order with us, you specifically agree to this policy.
If an order has
been placed and we are then notified via email or via
the phone that the client wishes to cancel the order,
the following policy determines the non-refundable charge
that will apply to the cancelled order:
1)
Order cancelled before design work begun. No fee
2) Order cancelled after design work
has begun. $50 fee + credit card processing costs +
the appropriate charge per proof determined by the number
of proofs submitted to the client or the deposit on
hand (for non-web orders), whichever is greater. Refund
will be made by check only.
3) Order cancelled by Business Card
Source management due to non-responsiveness of client
(i.e. 5 calendar days) after a proof has been transmitted
to client: $50 design & administrative fee or the
deposit on hand (for non-web orders), whichever is greater.
4) Order cancelled by client after
Business Card Source has transmitted the approved files
to the press: Once the press is actively involved, their
cancellation charges and scheduled fees must be added
to ours. As such: 75% of order total (press, credit
card processing fees, & administrative accounting
fee) if order is stopped prior to the job being set
to the press for gang printing setup. Once an order
has been transmitted to the press and print sequenced
(plates cut or order has begun printing), 100% of order
total is non-refundable.
Business Card Source reserves the right
to cancel any order, at any point in the process, for
any reason; including but not limited to incorrect web
pricing, errors in advertisements, brokered vendor/supplier
price increases or non-profitable orders. If we cancel
an order, we will refund (via business check) the unused
portion of the service - up to the order total at our
sole discretion.
CHOICE
Like consumers,
we reserve the right to choose whom we do business with.
At our sole discretion if we determine that someone
is attempting a theft of our services, not a serious
purchaser, is really a competitor or mole, we reserve
the right to refuse to sell to that person or group.
SPAM / WORMS / VIRUSES & DOS ATTACKS
Business Card Source
LLC has a ZERO TOLERANCE
policy in regards to sending or receiving
spam. Our security software
automatically deletes emails which originate from a
country other than the United States.
We protect our computers and our inbound & outbound
emails and files with security products and our site
has embedded code which addresses email harvesting software
of spammers. We report spam to Federal Agencies,
internet provers, hosting companies and to website administrators.
We will vigorously pursue civil and or criminal legal
action against spammers or those seeking to
cripple our business via worms, viruses or DOS attacks
and we will seek civil damages for any loss of income
related to spam, including lost business, legal fees,
research costs, employee down time and loss of revenues.
We will contact URL and hosting administrators about
spam ONCE regarding affiliates who spam us. Subsequent
spammings will result in a minimal charge of
$500 being billed to URL administrators whose affiliates
do not comply with Federal law. We will file lawsuits
in Butler County PA against URL administrators who do
not pay us for every spam violation within 10 business
days and submit the judgement to collection agencies
in addition to any federal, state, or criminal proceedings
we initiate. If we file a federal lawsuit, we
will seek the maximum of $11,000 per violation of Federal
Law. By visiting
this site, you expressly agree to the terms and conditions
of usage.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge
that Business Card Source may establish general practices
and limits concerning your use of the Service, including
without limitation the maximum number of days that designs
or other uploaded Content will be retained by the Service,
the maximum size of any Content that may be uploaded
on the Service, and the maximum disk space that will
be allotted on Business Card Source computers or servers
for Customer use. You agree that Business Card Source
has no responsibility or liability for the deletion
or failure to store any Content maintained or transmitted
to the Service. At no point in time should any
person under the adult age of 21 tour our site nor transmit
private information to us.
You acknowledge that
Business Card Source reserves the right to delete Content
stored on the server, which is inactive for what we
define as an extended period of time. You further acknowledge
that Business Card Source reserves the right to change
its general practices and limits at any time, in its
sole discretion, with or without notice to you.
COPYRIGHTED MATERIALS FOR LIMITED
USE
This Site contains
graphics, photographs, images, document layouts, artwork,
text, fonts, software tools, templates, and other information
(referred to herein as Content). This Site and all Content
are the copyrighted property of BUSINESS CARD SOURCE,
and/or its subsidiaries or the copyrighted property
of parties from whom Business Card Source has licensed
such property. All rights in this Site and its Content
are reserved worldwide. By showing samples of our work,
which may contain specific Real Estate or other trademarks,
we do not intend to imply that there is an affiliation
between Business Card Source and the Corporations, divisions
or subsidiaries of those trademarks. Samples
simply indicate that we have done work for (an) individual(s)
that belongs to one of those Corporations, divisions
or subsidiaries and that individual has chosen to seek
a product and design separate of the template offered
by those Corporations, divisions or subsidiaries; which
they have a legal right to do so.
By your
use of this site, you expressly agree that you are authorized
to use the trademarks of the company you claim to represent
and release Business Card Source from any and all liability
in this regard.
It is strictly prohibited
to retain, copy, distribute, publish, or use any portion
of the content except as expressly allowed in these
Terms of Use. Business Card Source reserves the right
to add to, delete from, or modify any part of Content
at any time without prior notice. You are granted
permission to access and use this Site and its’ Content
for the sole purpose of preparing, evaluating, and ordering
printed products solely through Business Card Source
(referred to herein as Products). No other download,
retention, use, publication, or distribution of any
portion of the Content is authorized or permitted.
Obtaining
Products from Business Card Source does not entitle
you to use any portion of Content apart from the finished
printed products as they are supplied to you by Business
Card Source. We reserve the right to publish samples
of any and all design work that we have performed. If
you wish to use any portion of the finished products
or design work of Business Card Source outside of said
finished products, you must purchase a license to do
so from Business Card Source.
INDEMNIFICATION
You agree that
you shall indemnify and defend Business Card Source
and all parties from whom Business Card Source 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, trademark or other material you sent us which
was incorporated into Products that was not part of
the standard Site Content.
DISCLAIMER OF
WARRANTY
THE SITE AND ITS
CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION
OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE.
REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT
COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND
LINKS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED.
LIMITATION OF
LIABILITY
IN NO EVENT SHALL
BUSINESS CARD SOURCE 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 BUSINESS CARD SOURCE HAS BEEN ADVISED
OF THE POSSIBILITY OF 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 BUSINESS CARD
SOURCE OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION,
DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY,
OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL BUSINESS
CARD SOURCE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES
OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE
OR UNAUTHORIZED USE OF THIS SITE, A TRADEMARK, OR ITS
CONTENT.
GOVERNING LAW
All site visitors
hereby agrees and consents to venue in Butler County,
PA, USA, in the event of any legal action regarding
these Terms and Conditions or of any copyright enforcement
regarding the subject matter of these Terms and Conditions.
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