TLAC Toronto Printing & Publishing Terms of Service

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

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 cannot make any changes once my order is placed and that I assume all responsibility for typographical errors. By submitting my order to TLAC Toronto Printing & Publishing (herein referred to as “TLAC”) I agree to the TLAC Terms and Conditions set out below.

1. ORDER APPROVAL

The customer is fully responsible for final proof and layout approval prior to the printing process. TLAC 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 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 the TLAC web site and/or its subsidiaries (referred to herein as TLAC) or the copyrighted property of parties from whom TLAC 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 TLAC 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. TLAC policy also states that you cannot 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 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 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 rights of TLAC or any third party. TLAC does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will TLAC 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 TLAC does not pre-screen Content, but that TLAC and its affiliates shall have the right (but not the obligation) in their sole discretion to refuse service if any Content is found to violate the terms of service or may otherwise be objectionable. TLAC and it’s affiliated stakeholders do not support any particular belief system, but may refuse service based on the grounds of a reasonable judgement. You further acknowledge and agree that TLAC 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 TLAC, its users and the public.

4. GOVERNING LAW

TLAC is a division of A .D. Inc. and 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 TLAC 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 TLAC 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 TLAC or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall TLAC 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 TLAC and all parties from whom TLAC 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. TLAC 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. TLAC 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 & MATCHING

TLAC 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 TLAC will try it’s best to match the gradient density of each color , TLAC is not liable for the final appearance of a color. Application of UV Coating may effect or change the appearance of the printed colors and increase the final weight. TLAC is not liable for the final color appearance of untreated or UV product/s.

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 8 hours order or commencement of production, subject to applicable cancellation charges. A credit voucher is issued with a value equal to the cancelled job(s). The voucher will expire six months after initial activation. If job is cancelled 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. Special chargeback requests take up to 6 weeks to process. No Refunds are issued for the Logo, Preflight, and Graphic design services.

11. RETURNS AND REFUNDS

Since each order is unique to 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 TLAC within 5 business days of order acceptance to notify 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 (on 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. Deposits placed on file for longer than 30 days are subject to credit vouchers only.

12. ORDER SHIPPING AND DELIVERY

Please note that all turnaround times are estimates. While TLAC will use reasonable efforts to prevent delay of delivery schedules, in no case shall TLAC be liable for any consequential or damages resulting from any delay in shipment or delivery. Orders are F.O.B. the TLAC Plant, and customer shall have recourse only to its selected courier for any shipping issues. TLAC 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, 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 TLAC due to an error made by the customer in submitting the proper shipping address,TLAC 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. TLAC reserves the right to refuse service without disclosing a reason.

15. LINKS TO THIRD PARTY SITES:

The links throughout this site may let you leave TLAC’s site. The linked sites are not under the control of TLAC and TLAC 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. TLAC is not responsible for webcasting or any other form of transmission received from any linked site. TLAC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TLAC of the site.

16. COLOUR MATCHING

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. TLAC will make every effort to produce a reasonable representation based on materials supplied by the customer; however, TLAC 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.

17. OVERRUNS AND UNDERRUNS

Overruns and underruns not to exceed 10% of the quantity ordered shall constitute an acceptable delivery. This means we may deliver up to 10% less than the ordered total, and the order will be considered complete. The difference in cost will be refunded, and you will only be charged for what was produced.

18. 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 TLAC 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 TLAC 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 right, except to the extent that TLAC 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 TLAC provided that TLAC shall promptly notify the customer with respect thereto.