DGVC Terms and Conditions
Last Update: 2018-9-17
To avoid any hard feelings in the future, we provide our terms and conditions in advance for your use and knowledge. We will do our best to explain our terms and conditions in a simple manner, using plain English whenever possible. There are no hidden gotchas here. It is our earnest desire to make it as easy as possible to do business with our printing firm.
Welcome to our website. This website is provided by DGVC as a service to our customers. Please review the basic rules that govern your use of this website. These rules are also referred to as terms and conditions, and you should be aware that when you access, browse and/or use this web-site (including the ordering of products through this website), your use of the website constitutes your unconditional agreement to follow and be bound by these terms and conditions.
Note: as more fully explained below, we reserve the right to change, modify or amend these terms and conditions without prior notice. Your continued use of this site is and shall be deemed to be your agreement to be bound by any such modifications, alterations or updates.
Section A of our terms and conditions will specifically cover "orders placed" with DGVC, while Section B applies to "general" terms and conditions of doing business with DGVC.
SECTION A - Terms and Conditions for Ordering Printing
The DGVC Print Satisfaction Guarantee
DGVC guarantees the highest quality printing and promotional products and we stand 100% behind our products and services. Our goal is for you to be 100% satisfied. If you are not fully satisfied with your purchase, please call our customer service team by phone at 866-245-9768 within 30 days from the date that you receive your printing, and we will happily either reprint part or all of your order OR refund the full price of the product(s) in question at our discretion (excluding postage and freight).
We offer a Money Back Satisfaction Guarantee to our first-time retail customers for the print products that we sell. This includes business cards, post cards, envelopes, letterheads, etc. If you are not entirely satisfied (because you notice a legitimate issue) with the finished printed product you can send it back to us for a full refund of the printing cost only. Any products ordered with a subtotal over $100.00 are considered to be a large order. It is recommended that you first place a small order before placing a large order for this guarantee to be valid; that way you will know exactly what quality to look forward to. Please note that the shipping and handling charges will not be refunded and return shipping cost must be paid by you. DGVC is wholly committed to our customers' satisfaction, and we continually strive to provide printing that reflects a craftsman's touch. We do everything possible to ensure the highest printing quality, accurate colour reproduction, precise cutting and on-time delivery. However, there are certain circumstances or issues that are beyond our control and are not covered by our guarantee. Here is a list of things that can go wrong that we cannot be responsible for:
· Typos on customer-submitted art. This includes spelling, punctuation, or grammatical errors that were made by the customer.
· Ordering an incorrect quantity. We are not responsible when you accidentally order too much or too little, order the wrong size, choose the wrong type, or order the wrong product.
· Shipping charges that occur because of an incorrect shipping address or other shipping-related errors caused by the customer.
· Damages to printed products or services that occur after delivery to the customer.
· Design errors that have been submitted in a customer's artwork file.
· Technical errors in print ready files. This includes:
o Missing bleed of 0.125" (to all sides)
o Image resolution of less than 300 dpi (dots per inch) resolutions may experience print or images that are fuzzy, pixelated or otherwise distorted
o Colour artwork and/or images that are not supplied in CMYK (Cyan, Magenta, Yellow, Black) colour mode with an embedded colour profile. RGB images will be converted and will experience a colour shift.
o Black & white artwork and/or images that are not provided in grayscale.
o Mistakes that occur when the file layout has incorrect information about custom services like folding, three-hole drilling, scoring, or die-cutting.
· Please note that due to the nature of full-colour printing (CMYK), we cannot print every colour available. We do not colour match; therefore, we offer print industry's standard phrase of respectable colour and will make every rational effort to print your product as close to the colours you have provided as possible. We cannot be responsible for any colour shift in converted photographs (RGB images) with black, near black, or gray tones. Colour shifts from a perceived black or gray must be addressed prior to file submission. Colours on computer screens ARE NOT accurate representations of printed colours on paper.
We urge you to carefully spend a few moments proofing and double-checking your designs and order information carefully. It probably sounds kind of obvious, but the least costly time to fix a mistake is before you place your order.
This guarantee is also subject to a few other terms and conditions:
· DGVC is not liable for mistakes, loss, or delayed delivery times by delivery services including UPS, Purolator, FedEx, Canada Post or the USPS. Our full refund guarantee therefore does not apply to shipping claims.
· We ask that your original order be returned, at our cost, before we begin reprinting or issuing a refund for your order.
· We are not responsible or liable for any damages or claims incurred by you or your business that are caused by printing materials which are defective or incomplete or which you received later than the estimated due date. This guarantee is limited (only) to reprinting of the original order quantity or refund of the purchase price of the order. In no event shall our liability to you for any reason exceed the amount actually paid to us, if any, for or through the use of this website.
Although we endeavor to ship the quantity ordered, in accordance with generally accepted industry standards, DGVC reserves the right to ship within 5% over or under the requested quantity. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run.
In order to take advantage of the full functionality of this Website and to order products and services it will be necessary for you to register and establish a membership account with DGVC. In the event that updated, new, additional and/or enhanced features are added to this Website, previously registered users will not generally be required to re-register, however, you may be required to re-acknowledge these Terms and Conditions and/or other terms and conditions that may accompany these new features, updates and/or enhancements.
When you register, you agree to provide accurate and current information about yourself (and your company) as requested during the registration process. You also agree to update and maintain your account information so that it remains accurate and current.
Not all products and services on this website are available to all customers. The products and services available to you will depend on your overall relationship with us, as measured by our loyalty program. You agree that when you access and use this website, you are only entitled to order those products and services that are available within the loyalty level you are assigned to at that time.
As part of the registration process, you will be required to create a User ID and choose a password. It is your responsibility to choose an appropriate password and to keep it confidential. You are responsible for all activities that occur under your User ID and password. If you believe your User ID/password has been compromised in any way you should immediately change it by logging on to your account and then following the instructions for changing your password. You agree that you will immediately notify us in the event you become aware of any unauthorized use of your user ID and password.
All requests to purchase printing must be submitted with a mutually approved and agreed upon payment method. If you have any questions on payment plans, please call us at your earliest convenience
· The prices for goods and services shown on this website are in Canadian dollars ($CAD), unless otherwise noted.
· If a visitor to this site submits a request to purchase printing products or services, the visitor has become a user of this site, and the user agrees that all charges, taxes, and shipping fees will automatically be charged to the credit card or paid by the user with a pre-approved payment method.
· Approved methods for payment include, but are not limited to, any of the following methods.
o Credit card (we currently accept the following credit cards: VISA, MasterCard, American Express, and Discover, and we reserve the right to stop accepting credit cards from any issuer). This is how most of our customers pay us. We use a very secure server that encrypts your payment data so that only our computers can decode and understand it. Credit card payments are very safe with us. If the Buyer's credit card is declined, DGVC will not process the order.
o Payment by check. We accept business checks, but require you to mail us a check before we begin to process your work.
o Open accounts. We do accept open accounts at our printing firm for government and educational institutions and for pre-approved local and regional businesses. If you would like details about how to open an account at our printing firm, please call us in advance of placing your order. We'd be happy to discuss the details and explain the payment options and terms available to you. If your account becomes delinquent, you agree to pay a monthly finance charge of 2% (annual percentage rate of 24%) on the unpaid balance. If an account goes beyond the payment term's due date, unless specific arrangements are made, future purchases will require advance payment. If DGVC must commence legal action to enforce any terms of this agreement, you agree to pay reasonable legal fees and costs.
Once an order for printing has been approved by the customer and "sent" to the site, no changes are allowed in the deadline times, the artwork files, or the job specifications. After an order for printing has been sent via the website, the customer is responsible for paying the entire amount of the order, unless otherwise noted. In some cases, the refund may be issued to the customer if no work has been started by DGVC. We will only consider these types of refunds when you personally take responsibility to notify us by phone during normal working hours that are posted elsewhere on the site.
A print order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production a Customer Service representative will inform you of any cancellation charges incurred. (Please allow at least 10 business days for any refunded monies to be credited to your account). A print order cannot be canceled, and no refund will be given once it has entered into production or any process thereafter. No refunds are issued for Logo and Graphic design services. All cancellations must be completed through this website by accessing your Pending Orders. If you do not see a button for cancellation, the job has gone into production and cannot be canceled.
If within forty five (45) days or later of you placing an order and we have not received any files or incomplete files from which to complete your job, we may at our option cancel the order and refund any payment charged to your credit card.
SALES TAX POLICY
DGVC is required to collect sales taxes on all printing purchases shipped to any jurisdiction where we are required to pay sales tax. If your organization has a sales tax exemption, it is important to understand that is your responsibility to supply us with written copies of your sales tax exemption forms before your order is shipped.
· The prepress department at DGVC inspects all artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files. We encourage you to take a few moments and carefully inspect and proofread your files carefully before submitting them to our website. We provide easy-to-understand file preparation tutorials in the Info Centre of our website. We also provide layout templates with each product that will make it much easier for you to create print-ready files. Finally, we would remind you that the postal and mailing regulations from the postal services are subject to change, and it is your sole responsibility to submit artwork that complies with current mailing guidelines.
· You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all content. When you upload content to us you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold DGVC harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by us in defending against such suit, demand or claim.
· DGVC does not maintain content indefinitely. Content uploaded with an associated order will be kept on file for a period of up to fifteen (15) days. At the end of that time it may be deleted and irretrievable. Please note that content uploaded to us cannot be used to re-order an additional print job; it is only maintained for reprint purposes.
· You agree that you will not send, upload, post or otherwise transmit to DGVC any content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person's privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of DGVC and/or or any servers or networks connected to or used in connection with the delivery of such service and production.
· You acknowledge that DGVC does not pre-screen content, but that we reserve the right to do so at any time and that DGVC shall have the right (but not the obligation) in their sole discretion to remove any content and/or to refuse to fulfill a print job or order that violates these site terms or that may otherwise be objectionable. You further acknowledge and agree that we 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 these site terms; (c) respond to claims that the content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of DGVC, its employees, users and the public in general.
· DGVC does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. The technology for contract proofs is expensive, and you may find it more cost-effective to order the minimal quantity of your product.
· If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc).
· If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.
USE OF DESIGN TOOLS
The design tools available on this website are made available to all users. In the event you create a design, such as a sign, emblem or logo, you do not obtain any right or claim to any of the individual design elements made available through this website that enabled the creation of the design, and these design elements are and will continue to be our property and will remain freely available to other customers.
It is solely your responsibility to determine whether any design you may create using the design tools made available to you by DGVC, infringes, or may be subject to a claim of infringement upon the trademark, copyright, or other rights of a third party. You should consult with an attorney as to whether a design you create may infringe upon the rights of another party.
If your proof is approved by our cut off time noted on the product order page, your order turnaround time will start the same day. For orders received after the cutoff time, the turnaround time starts the next day. Please note: Turnaround times for jobs that are not production ready (e.g., those with problems or that require a proof) will not begin until the job is approved and ready for production.
Our standard turnaround is dependent on the product ordered; if you do not specify otherwise you will be charged for standard turnaround for the relevant product.
Our turnaround time is in business days and does not include weekends or holidays. Turnaround times do not include shipping time. The estimated date you will receive your order is a combination of the selected turnaround time and shipping time. Once your order is placed your turnaround time generally cannot be changed and billing charges will not be reversed.
For your convenience, depending on the product ordered, DGVC offers a variety of different production turnaround times. Not all of the following turnaround times are offered on every product; the available turnaround times will be listed with product as part of the order process.
· Same Day – all production ready jobs received and confirmed by no later than 10:00 a.m. will be ready for shipping by the end of the same day. Same day turnaround is only available for quantities up to 500. We reserve the right to print same day turnaround product on our digital presses.
· Next Business Day -- all production ready jobs received and confirmed by no later than 10:00 a.m. will be shipped by the end of the next business day.
· Next Day Plus 1 - - all production ready jobs received and confirmed by no later than 1:00 p.m. will be shipped by the end of the second business day after receipt.
· 2-4 Day -- all production ready jobs received and confirmed by no later than 1:00 p.m. will be shipped between the second business day after receipt and the fourth business day after receipt.
· 5-7 Day -- all production ready jobs received and confirmed by no later than 1:00 p.m. will be shipped between the fifth day after receipt and the seventh day after receipt.
DGVC services include delivery. You are provided with shipping options at the time of ordering and these are limited to the services available for the type of product and the destination. If possible, we provide next-day delivery, three-day delivery, and standard five-day ground. Rapid Printing will not be responsible for the delay in delivery, loss or damage of the order while the order is with the shipping carrier.
We are a locally owned company that does business regionally and nationally. If you find yourself in a "printing crisis," we urge you to simply pick up the phone and give us a call. We will do everything we can to help you solve your problem quickly and at a reasonable cost. Every customer is important to us, but sometimes we are able to do extraordinary things for our neighboring local businesses because of time and distance advantages. We often work early or late or weekends to hit important deadlines. Please call us, we can help.
GENERAL LIMITATION OF LIABILITY
DGVC is not be liable in contract or in tort (including negligence) to you for incidental or consequential damages, arising out of or resulting from anybody’s performance or nonperformance of our obligations. DGVC shall not be liable to anyone for any kind of financial losses, cost, expenses, damages and/or other economic damages. You agree that you will not hold DGVC responsible for any and all loss, cost, expense, and damages (including legal costs) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against us on grounds alleging that the said work violates any copyrights, trademarks, service marks, or is scandalous, or invades any person's right to privacy or other personal rights.
SECTION B - General Terms and Conditions
EDITING, DELETING, OR MODIFICATION OF THIS WEBSITE
We reserve the right, for any reason, to edit this website. That means, without advance notice, we may suspend, discontinue, edit, or delete current offers, documents, information, products, services, or any other content appearing in this website.
MODIFICATION OF SITE TERMS
DGVC reserves the right to modify, change and/or amend the site terms (these Terms and Conditions) from time to time. The right to modify, change and/or amend the Site Terms is exclusive to and within the sole and exclusive discretion of DGVC.
If the site terms are changed, modified and/or amended, we will post the new terms on this website and the "last updated" date relevant to the terms and conditions containing the change will be changed. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this website. By agreeing to these site terms you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these site terms (and each of the components thereof) each time you visit or use this website.
If you do not agree with any change, modification or amendment we may make to the site terms you may withdraw your consent to and agreement to be bound to them by notifying us in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of your account and this website. Your account will be deactivated and you and will no longer be eligible to use this website or order further products or services from us. If your account is deactivated, this will not affect your responsibility for payment of jobs already completed and/or in production.
DGVC may from time to time elect, in its sole discretion, to notify you of changes to its site terms and policies via additional means such as e-mail (in addition to posting the changes to this website). The fact that on one or more occasions DGVC has elected to notify you via such additional means does constitute an agreement of any kind by us that it will do so in the future; the posting of modifications, changes and/or amendments to this website remains effective notice of such modifications, changes and/or amendments.
COPYRIGHT INFORMATION ABOUT THIS WEBSITE
This website is protected by copyright laws. The graphic design, content, and images on this website may not be reproduced, published displayed, or reproduced in any way, in whole or in part. This website is considered the intellectual property of DGVC, and we respectfully ask that you not copy, transmit, distribute, or create a derivative work based upon the content and materials of this website.
This website contains a lot of content, ideas, tips, and articles related to printing, graphic arts, and marketing. This content is also subject to the copyright and may not be copied for use in your publications or newsletters without prior written consent of DGVC. If you are a customer and would like permission to use one of our articles in your company publication, please call us, and we would be happy to consider giving you permission to do so, as long as you would be willing to credit your source.
It is our policy to respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This policy describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA, but we will respond to notices of this form from other jurisdictions as well. It is expected that all users of any part of this site will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Infringement Notification. Upon receipt of proper notification of claimed infringement, we will follow the procedures outlined herein and in the DMCA.
To file a notice of infringement with us, you must provide a written communication (by fax and regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.
To expedite our ability to process your request, please use the following format:
· Identify with sufficient detail the copyrighted work that you believe has to been infringed provide a photograph if possible;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
· Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
· The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
· The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
· Sign the document.
Send the written communication to:
Attention, Doug Burget
9 – 3151 Lakeshore Road, Suite 109
Kelowna, BC, V1W 3S9, Canada
Counter Notification. The provider of the allegedly infringing content an may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.
To file a counter notification with us, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following:
· Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, provide a photograph if possible;
· Your name, address, and telephone number;
· The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
· The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
· The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled";
· Sign the document.
Send the written communication to:
Attention, Doug Burget
9 – 3151 Lakeshore Road, Suite 109
Kelowna, BC, V1W 3S9, Canada
Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless we first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
Repeat Infringers. In accordance with Section 512(i)(1)(a) of the DMCA, DGVC will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
ACCEPTANCE OF TERMS OF USAGE
DGVC reserves the right to make changes to this Site and to these Terms of Usage at any time without prior notice. You should review these Terms of Usage each time you access this Site.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
If you use this website to submit orders for a third-party, you are responsible for any error in the accuracy of the information provided in connection with such use. In other words, if a mistake is made, on behalf of a third-party, it is not our liability; it is yours. In addition, it is your responsibility to inform the third-party of all terms and conditions applicable to the purchase of their printed products or services. You, as the user of this site, agree to indemnify us and hold us harmless from, and against, any and all losses, liabilities, and lawsuits related to the third-party as a result of you using this site on their behalf. You, as the user, are directly responsible for any requests submitted and the related costs, fees, and performance obligations.
This site may contain links to websites that are owned and/or operated third parties, and that are not under the control of DGVC. These links are provided only as a convenience. DGVC does not evaluate, review, monitor, or endorse the content of such sites and is not responsible in anyway for the information, services, products or other materials available on or offered by such sites, the accuracy of the content on such sites, and /or the privacy, security and safety practices of such sites. You expressly understand and agree that if you access any such sites through a link provided by DGVC then you do so at your own risk.
TERMINATION OF USAGE
We reserve the right to terminate or suspend access to all or any part of this site at any time, without notice, and without reason.
DGVC is not responsible for any errors or delays in responding to requests for information or problems with an order caused by an incorrect e-mail address provided by you.
The terms and conditions listed here supersede any prior understanding or agreement (whether oral or written) regarding the subjects related to printing products and services that are presented on this website. If any provisions of this agreement are found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or nullified.