Banks Printing, Inc. “DBA” BANKSPRINTING.COM
These General Terms and Conditions (the “Terms”) are applicable to all clients (the “Clients” and each, individually, a “Client”) of Banks Printing, Inc. (“BANKSPRINTING.COM”). These Terms shall apply to all services and deliveries offered and carried out by BANKSPRINTING.COM, including future services and deliveries, and to services and deliveries negotiated by BANKSPRINTING.COM, including but not limited to providing online image printing services (the “Service”).
These Terms shall supersede any different or additional terms in any order forms, confirmation or delivery submitted by Client; any such different or additional terms are hereby rejected. In the absence of written acceptance of these Terms by Client, the uploading of any image to the Service will constitute acceptance of these Terms.
BANKSPRINTING.COM reserves the right to discontinue Service and to revoke or change prices or terms of Service, except when otherwise indicated in these Terms. If, at any time, it becomes necessary to discontinue Service to Client, to revoke or modify any provisions in this schedule, or to allocate distribution of any Service, BANKSPRINTING.COM will take whatever action in its sole and absolute judgment which is fair and appropriate.
Terms of Sale
To complete an order, BANKSPRINTING.COM requires full payment including shipping and any handling fees associated with your order. Upon checkout, you will be charged the amount in full, either to your credit card, PayPal account, or other specified payment source. No refunds will be granted on orders that have been forwarded to our prepress department.
Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Client must notify BANKSPRINTING.COM within 15 days of the date of shipment if Client believes any part of a delivery to be missing, wrong or damaged.
BANKSPRINTING.COM recommends that all image files be a minimum of 150 DPI at 100% size to achieve minimum quality in the printing process. If a file is uploaded with less than the above original resolution, expect your poster to be blurry, pixelated and/or unreadable, and have color variances. BANKSPRINTING.COM will print any order that is paid for and that has a file uploaded, and BANKSPRINTING.COM does not claim to have any authority to discern whether or not a particular file has the proper resolution for printing. BANKSPRINTING.COM is not responsible for poor results from printing due to low file resolution. BANKSPRINTING.COM currently only accepts PDF’s, therefore all other file formats will be rejected.
Color Variations From the Original
Because of variations in equipment, paper, inks and other conditions, reasonable variations in color between the original submitted digital image and the print produced by BANKSPRINTING.COM must be expected. Prints delivered with variations of this kind shall be considered as acceptable performance.
Artwork and Uploaded Images
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.
By uploading images onto the site, clients grant BANKSPRINTING.COM permission to store these images for the sole purpose of reordering by said client. BANKSPRINTING.COM retains images for 1 year, after which point we discard images.
Prohibited Subject Matter
Clients may not use the Service to process anything which BANKSPRINTING.COM, at its sole discretion, deems Prohibited Subject Matter. Prohibited Subject Matter, as used herein, includes but is not limited to content or other material that BANKSPRINTING.COM believes:
(a) Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
(b) Comprises copyrighted material used without the express permission of the owner;
(c) Violates or encroaches on the rights of others;
(d) Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service;
(e) Advocates illegal activity;
(f) Depicts or advocates animal abuse;
(g) Harms anyone, including minors; or
(h) Provides a link to any of the above.
The Client warrants that the subject matter to be printed does not violate the copyright of a third party. Clients also recognize that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure Client’s right to reproduce an image. Clients further warrant that no copyright notice has been removed from any material submitted to BANKSPRINTING.COM for printing. Client agrees to indemnify and hold BANKSPRINTING.COM harmless for all liability, damages and attorney’s fees that may be incurred in any legal action connected with copyright infringement involving the image or images uploaded by the Client or the print produced from such image or images.
BANKSPRINTING.COM reserves the right to use its discretion in refusing to deliver to Client any prints that BANKSPRINTING.COM deems to be Prohibited Subject Matter. Because BANKSPRINTING.COM does not pre-inspect images submitted for printing via its online interface, Client shall remain fully liable for the cost of printing even when BANKSPRINTING.COM refuses to deliver any print it deems Prohibited Subject Matter.
Standard production time is 4-Days, which starts when BANKSPRINTING.COM receive your files, not when you place your order. Production days are considered days of operation which are Monday through Friday with the exception of national holidays. Production time does not include shipping time. If there is a delay in file transmission, whether from network connection error, customer error or otherwise, Production Time will be delayed until all necessary files have been received. Orders received before 11AM PDT will count that day as a production day. For instance, if your order is received at 11AM on Monday, your order will ship out on Friday. If an order is placed over a weekend, the order will not be received until Monday.
To be sales tax exempt, you must email or fax us your Resale or Non-Profit Certificate.
The Customer agrees to defend, indemnify and hold harmless BANKSPRINTING.COM (Banks Printing, Inc.), its affiliates, directors, officers, employees and agents to the fullest extent lawful against any and all damages (whether direct, consequential or otherwise), claims, liabilities, costs and expenses incurred (including, without limitation, all reasonable fees), as a consequence of any acts by the Customer undertaken in connection with the BANKSPRINTING.COM site, including without limitation, those arising out of any breach of any customer representation or warranty, The customer’s obligations hereunder, any customer transaction attempted through the Service. You hereby certify that you own the images and text or rights to use the images and text in your order.
BANKSPRINTING.COM will, from time to time, offer free, discounted and promotional merchandise to its customers. BANKSPRINTING.COM retains sole discretion in making any determination on the validity of any claims for such free, discounted and promotional merchandise. Furthermore, BANKSPRINTING.COM can accept or deny any claims for promotions for any reason at any time. Unless otherwise stated, all promotions are limited to business use only and limited to one per customer. BANKSPRINTING.COM retains sole discretion in determining whether or not a customer is eligible to receive any and/or all promotions.
Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. BANKSPRINTING.COM AND BANKSPRINTING.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, PARENT, AGENTS AND EMPLOYEES PROVIDE THE BANKSPRINTING.COM SITE AND BANKSPRINTING.COM PRINTING SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. BANKSPRINTING.COM DOES NOT REPRESENT OR WARRANT THAT THE BANKSPRINTING.COM SITE, BANKSPRINTING.COM SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. BANKSPRINTING.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
BANKSPRINTING.COM AND BANKSPRINTING.COM’S SUBSIDIARIES, PARENT, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE BANKSPRINTING.COM SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, BANKSPRINTING.COM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATIONS AS TO THE ACCURACY, CURRENCY OR COMPLETENESS OF CONTENT HOSTED ON THE BANKSPRINTING.COM SITE BY THIRD PARTIES.
BANKSPRINTING.COM AND (AS APPLICABLE) BANKSPRINTING.COM’S SUBSIDIARIES, PARENT, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED
Limitation of Liability.
LIMITATION OF LIABILITY. BANKSPRINTING.COM (AND AS APPLICABLE) BANKSPRINTING.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, PARENT, AGENTS OR EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE BANKSPRINTING.COM SERVICE OR THESE TERMS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING NEGLIGENCE).
BANKSPRINTING.COM’S LIABILITY (AND AS APPLICABLE) BANKSPRINTING.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, PARENT, AGENTS AND EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BANKSPRINTING.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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