TERMS AND CONDITIONS / USER CONTRACT

Last updated: March 19, 2015

 

This Web site is provided and owned by Conejo Printing & Graphics, CA Lic. 322131, as a service to our customers. All terms and conditions herein apply to the use of our website and also include business conducted with Conejo Printing and Graphics, whether client has used this website in part or in whole. Please review the following basic rules that govern your use of the Conejoprinting.com site. Please note that your use of the Conejoprinting.com site (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may “bookmark” a particular portion of this Site, bypassing this Agreement, your use of this Site still binds you to these Terms and Conditions. Conejoprinting.com reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

Payment: All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method. Unless otherwise agreed upon, we require each order to be fully paid, including shipping and handling fees, if applicable, before we complete an order. We will not start working on a print job until we receive the full payment.

Once a print job has been approved by customer and “sent to press” on the Site, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to Conejoprinting.com ’s prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise noted.

Art Design Policy: Unless terms have been specified otherwise, the following are the general terms and conditions for art design (also referred to as digital art creation, graphic art design, art charges, illustration, photo editing, etc.) which includes all forms of labor that are charged via hourly rate or period of time necessary for the art design.

Rights: All services provided by the designer shall be for the exclusive use of the client other than for the designer’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:

 ▪ Client to gain full transferable rights to brand identity.

 ▪ Client to gain full license to reproduce works through commercial printers.

Ownership: The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.

Communication

All communication and instructions regarding art design shall be in person, by telephone, or by email – no text messages – helping both parties keep track of specific design requirements and potential changes.

Payment schedule: Unless otherwise agreed upon, the client must pay in full any design project that is 1 hour or less in design costs. We may require client to pay both design and printing costs in full before we proceed with art design on business card orders. All other design projects will require a 50 percent non-refundable deposit prior to work commencing. The project can be scheduled once the deposit is received by the designer. The remaining balance is payable to the designer upon completion of the project, and before original artwork is supplied to the client.

Additional costs: Please see “Proofs” below regarding our proofing policy and additional costs that may be incurred.

Delayed payment

If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 30 day period until the full amount has been received by the designer.

Cancellation/Refund Policy for Art Design Projects

If client cancels order and no work has commenced, we will refund the deposit. If work has commenced on the project, the amount of time spent on project shall be deducted from the deposit amount. If after initial date of art design project commencement, client communication (face-to-face, telephone, or email) stops for a period of 60 days, the project can be cancelled, in writing or via email by the designer, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total art design project cost.

Confidentiality: The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.

Indemnity: The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.

Consensus: An html link to these terms and conditions will be supplied via email along with the first invoice. Client’s acceptance to these terms shall be either in a stated email reply or in their payment of the initial invoice or both.

Our Sales Tax Policy: Conejoprinting.com charges sales tax to orders received from within the state of California unless you are tax exempt. If you are tax exempt, you must send or fax to us your tax exemption certificate.

Shipping / Ordering Information: Production time is dependent upon the product purchased (quantity, folding and finishing options, etc.) plus shipping time (depending on option used). Upon purchase, we will contact you with an order no. We will keep you posted on production time. We only use Truck Delivery and UPS shipping and will provide you with tracking information when your order ships. At this time, we only ship to the United States. Currently, we only offer FREE Truck Delivery within the Conejo Valley Area and certain areas within Ventura County. (An extra day may be added to delivery time with free truck delivery.)

Artwork Preparation: It is the client’s responsibility to view our “Art Spec Sheet,” which is available on our website. This will assist the client in ensuring that they have set up their art file correctly with regard to color, bleeds, text limits, file formats, etc. We also can provide you with a “generic” spec sheet, if necessary, to forward to your client.

Proofs: A digital proof in the form of a PDF will be emailed for your review. It shall be emailed after we have received your art file or, if we are designing your art, upon receipt of your deposit or payment as outlined above.  The proof should be viewed using Adobe Acrobat Reader. If you do not have Acrobat Reader, it is downloadable for FREE at Adobe.com. Actual time will vary depending on our current workload. If client does not approve of the proof, it is the client’s responsibility to notify us within 24 hours of changes or new art that they have submitted new art to Conejo Printing & Graphics.

It is the client’s responsibility to make the revisions themselves or their graphic artist on art that has been created by the client or other party other than Conejo Printing & Graphics. If the client requests that the changes be made by Conejo Printing & Graphics, we reserve the right to incur art charges. We request that the client describe in detail the changes to be made and to submit their description to us via email. These charges, if any, must be paid before we proceed with client’s order. (Please see our Design Pricing page for current design costs). Client must specify all information associated with their proof – client, job or order number, revision number (ex. proof version 2). No job will be sent to press without your approval via email or in writing. NO VERBAL APPROVALS WILL BE ACCEPTED. It is the customer’s responsibility to check on their proof. We are not liable for delays in the order caused by customer’s non-approval of the proof.

If your art was created by Conejo Printing & Graphics, we will submit a proof to client for approval as described in the above paragraph. We will make changes as requested and send you an updated proof or proofs. We will create up to 3 revisions (ex., Proof Version 1, Proof Version 2, Proof Versions 3). We expect each revision to take less than 1 hour in time to complete. We will not charge for these revisions done within this time frame. If the revisions requested by client are excessive (such as retouching photos, logo design, new art creation, etc.), we reserve the right to incur additional charges. These charges may requirement payment before we can proceed with client’s order.

The advantages of letting Conejo Printing & Graphics design your artwork:

• Your artwork will be set up correctly – color format, bleeds, text limits, etc.

• Your artwork will not be printed until it has met your approval.

• We will preflight and correct any issues that are necessary before outputting (sending the art file to press).

The disadvantages of not letting Conejo Printing & Graphics design your artwork:

• Your artwork may not be set up correctly – color format, bleeds, text limits, etc. – and may incur extra costs if corrections are necessary

• We are not responsible or liable for content that is incorrect in your submitted art file (incorrect spelling, art size, or images, etc.)

If you have existing art, please send it to us beforehand. We will be glad to preflight it in advance of your order to inform you of any elements that may be an issue when outputting to press.

You may also request a FREE template.

A template is most commonly an Adobe Illustrator file. It contains dielines, text limit lines, and bleed limit lines at the correct size. This allows you to place your artwork correctly. You can open it directly in Illustrator or place it into Adobe InDesign. If you are using Adobe Photoshop, just open or place the Illustrator document directly into your photoshop document on its own layer. Please submit your Photoshop document as a layered PSD (Photoshop Document) format so we can turn off or eliminate the template layer.

Please give us a detailed description of the product you are interested in so we can be sure to send you the correct template.

An online proof is NOT an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops, and final text. Electronic proofs do not show transparency and overprint issues. If the client must see the PDF proof with overprinting applied, client must expressly request that the PDF proof is to be saved with overprinting applied. Conejo Printing & Graphics must have the original art file to save with overprinting applied. We do not guarantee that this can always be done. We will make a notation on the proof “shown with overprinting applied.” PDF proofs do not show color change from RGB or Pantone to CMYK. We STRONGLY recommend you use CMYK color format, not RGB, when submitting your art file to us.

The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. Customer is fully responsible for all that is contained in the final approved proof.

Hard Copy Proofs: Hard copy proofs show a reasonable likeness to the final printed pieces and may be requested at additional cost. The proof should be requested when job is ordered, if possible. Such proofs are recommended for color-critical art and must be requested by the customer when the print order is made. Hard copy proofs are printed on a substrate different from the actual paper stock, and while it’s main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not offer hard copy proofs for art that would be printed on uncoated paper. The request for a hard copy proof will involve an additional fee and will extend the amount of time needed to complete the job. For orders where a hard copy proof has been requested, the approval must be received by Conejoprinting.com on or before our published cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, it is the customer’s responsibility to determine if they need a hard copy proof with their print order. NOTE: It may not be available on every job.

Color Accuracy: Be sure to set up your files in CMYK mode and at 300 resolution to ensure the most accurate reproduction on your printed piece. Conejoprinting.com will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth). It is the client’s responsibility to ensure any images are CMYK before submitting their art file(s) to us. Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. You may also request to see our Pantone Color Guide, which is a good representation of how Pantone spot colors will look on either coated or uncoated stock. By placing an order with Conejoprinting.com you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. Application of UV coating may effect or change the appearance of the printed colors. We are not liable for the final color appearance of a UV coated product.

No Liability for Errors: Conejoprinting.com 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, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size. Conejoprinting.com does not make any changes on customer files unless expressly requested by the client.

Overprint and Underprint Policy: We cannot guarantee that every order will be the exact number of items which are ordered. We can only guarantee that it will come within plus or minus 10% of the number of items ordered.

RETURNS/REFUND/REPRINT POLICY: We reserve the right to update and revise this Returns/Refund/Reprint Policy without prior notice to reflect changes in our policies, services and/or in response to our customers’ feedback. When we do make changes to this Policy we will revise the “last updated” date at the top of this Policy. Please make sure that you review it frequently as any time you place an order with Conejo Printing & Graphics the current Returns/Refund/Reprint Policy will apply. We guarantee that our printed products will not be defective in accordance with industry standards. You may contact our Sales Department and a Conejo Printing & Graphics representative will be pleased to help address any general issues you may have with your print job. If you believe your print job is defective or has not otherwise met your requirements please contact Conejo Printing & Graphics, via EMAIL or IN WRITING, within five (5) business days of receiving your order. If you do not contact us within this time frame we will assume that your job was satisfactory upon receipt and will be under no obligation to provide a refund or reprint. Once you have contacted us, we will then have five (5) business days to determine if a reprint or refund is appropriate, or to advise you that more information is needed to process your inquiry. If we request additional information to verify an inquiry and it is not provided within a reasonable time, we will be under no obligation to provide a refund or reprint. If we determined that a product is in fact defective or has not otherwise met our obligations, one of the following two resolutions will be offered:

1. We will reprint the print job with rush production (if possible, depending on current job schedule).

2. We will refund the original order price. We reserve the right to request samples of any allegedly defective merchandise prior to either of the above resolutions being agreed to. A sales representative will generally contact you within 24-48 hours of us making the determination that a reprint or refund is appropriate in order to confirm the approved solution. If you do not make contact with our representative within five (5) business days of their first attempt to contact you with the approved solution we will assume that the issue has been otherwise resolved and no reprint or refund will be given. Once the approved solution is agreed then, unless we agree otherwise, you must return the entire original print order to us, at the address provided by our representative, within 15 calendar days after the date the solution is approved. If you do not return it within this time frame you agree that the original order will be charged against your credit card on file with Conejo Printing & Graphics. A refund or reprint will only be possible after an approved solution has been authorized and, unless we agree otherwise, provided that the entire original print order has been returned to and received by us. When applicable, a refund will be issued within 10 business days of our receipt of the original product order. A reprint will begin production within one (1) business day of our confirmed receipt of the product or such earlier time as we may agree to. The forgoing is Conejo Printing & Graphics’s sole responsibility with respect to a defective order. To the maximum extent permitted by law, Conejo Printing & Graphics is not responsible for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Conejo Printing & Graphics has been advised of the possibility of such damages), resulting from the order. The following are some guidelines and examples of issues that DO NOT constitute grounds for a refund, or a return or reprint of a product: • An order that is refused at time of delivery or undeliverable orders. (We will reship the product at the customer’s expense if requested). • The product is lost, delayed or returned to Conejo Printing & Graphics due to an error made by the customer in submitting the proper shipping address. (For product that is later found or that is returned to us we will reship the package with a corrected address and charge an additional shipping fee for the shipment). • Product that is delayed in production and/or shipping as a result of the customer providing inaccurate information. • Product that incurs a higher shipping charge as a result of the customer providing inaccurate information. • Product that is delayed in production and/or shipping as a result of shipping company delays, acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, international customs issues, and any other circumstances that are beyond our direct control. • Product that has experienced a color shift during the conversion to CMYK format, for example as a result of having been submitted by the customer in RGB or PMS Pantone colors. • Errors that are contained in the uploaded customer file, e.g., misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, wrong cuts, incorrect or missing folds, die lines, crop marks, transparency, overprint, and finished product size. Product that experiences print or images that are fuzzy, pixilated or otherwise distorted as a result of the customer providing artwork that is not at a minimum of 300 DPI at 1:1 ratio (or 100%) and/or in CMYK mode. • Products that do not exactly match color or ink density. Conejo Printing & Graphics does not color match or match customer specified ink density. • An inability to print or write on the product, unless the product description states otherwise. A typical UV coated product cannot be printed or written upon. Matte finished products may or may not accept printing or writing. We recommend that you order a sample from us and test it using the printer you will use before placing a final order. Conejo Printing & Graphics is not responsible for an inability to print or write on a Product, unless the product specifically states that it is suitable for this purpose. • Orders that are duplicated as a result of customer error. • Orders that are canceled after the order has entered into production (or any process thereafter). • Orders that contain dated materials that arrive after the relevant date or with insufficient time to use the material as intended. It is a customer’s responsibility to allow sufficient time when placing an order for time sensitive materials. • A customer’s violation of any of the terms and conditions governing the use of Conejo Printing & Graphics’s website and/or ordering of product. • Viruses, worms, trojan horses and other forms of harmful or malicious code that are not detected or removed using Conejo Printing & Graphics’s standard virus/malicious code detection procedures. • Loss, corruption of, or damage to your personal information, Customer Content, order history or related information that is stored by Conejo Printing & Graphics. • Our failure to notify you of any delay, loss or damage in connection with your printed products or shipment or any inaccuracy in such notice. • The release of an order by the shipper without obtaining a signature. Please note that Conejo Printing & Graphics’s provision of advice, assistance or guidance either on this Website or via our sales representatives does not constitute an acceptance of responsibility or liability for any problems that may arise in connection with any print order or services provided. ◼︎

CA Lic. 322131 | 40 Years Experience

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Digital art design and printing services in Newbury Park, Thousand Oaks, Simi Valley, Moorpark, Westlake Village, Agoura Hills, Oak Park – the entire Conejo Valley,

Santa Paula, Somis, Saticoy, Fillmore, Camarillo, Oxnard, Ventura, Calabasas, Malibu, Woodland Hills, Chatsworth, Northridge, Encino, San Fernando, Sherman Oaks, Van Nuys.

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