Terms and Conditions of Printing Order

By placing an order with Impulsive media Solutions Ajax, you agree to be bound by the following terms and conditions. By placing any orders thereafter you agree to accept all terms and conditions of this agreement and create a legally binding contract with Impulsive media Solutions Ajax for printing services, and will be responsible for payment in full as outlined in this agreement. If you do not agree to these Terms and Conditions, do not use any portion of this site or services by email.

APPROVAL

Please be advised, when client receive a pdf  proof to verify the accuracy of all art file elements, approving the proof is your responsibility before your job can proceed to production. We are not responsible for images that are supplied incorrectly (low resolution, incorrect color or blurred, incorrect bleed). We cannot guarantee that the colours will look exactly the same on your computer as it does on our equipment or the finished product.
We do not guarantee our CMYK colours will match the colours seen on your inkjet printer, your computer monitor, another printer, or any other Colour Mode you specify. Please ensure you use the latest version of Adobe Acrobat Professional.
and ensure OVERPRINT preview is on in Acrobat to ensure you are viewing it correctly. We will not be responsible for any overprint errors. Your uploaded files will be final and we will go to print once the order is confirmed.  The attached PDF files are for your review of a job in progress.

PLEASE REMEMBER TO PROOFREAD VERY CAREFULLY. PLEASE BE VERY PRUDENT AND CHECK THE COMPLETE DESIGN VERY CAREFULLY PRIOR TO APPROVAL. THANK YOU.

“Please be advised We have either emailed you a pdf or have mailed you a HARD COPY colour proof (extra Charge) for your approval. Your job cannot proceed further without your approval.  Please respond with your approval.so we can proceed with your job. All colour proofs & Mock UPs must be returned signed with your authorization.”

Printing & Cutting
All postcards are “gang printed.” Impulsive media Solutions Ajax will reproduce colour from digital layouts as closely as possible if ordered (extra cost), but cannot exactly match colour and density because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each colour reproduction is guaranteed to be within 85-90% to the press match proof we offer. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent. Any jobs that require emboss, foil stamping, Spot UV, Lamination or die cutting can vary up to a 1/8 inch.

ALL files must have an 1/8″ bleed all around.

Critical type or images must be at least 1/4″ from the edge of the card. Impulsive media Solutions Ajax is not responsible for type, art or images that are cut off if these guidelines are not followed. Furthermore, it is strongly suggested that you do not use a thin border around your postcard. This may cause an uneven frame around your card. If you desire to have a border, it should be at least 1/4″ thick.

Cancellation Policy:

Orders cannot be cancelled once the status of the order has changed to Order Processed.

Orders that been charged through our online system that are set to Order Received, Waiting for Files or Waiting for Approval cannot be refunded. A credit will be issued for future orders minus any prepress time.

Orders with the status Waiting for files or Waiting for Approval are subject to a minimum cancellation fee of $25 plus any prepress time.

Turnaround

Our posted turnaround times begin ONLY after an order has been “received”. Orders are considered “received” and are put into production ONLY when the following conditions have been met:

 

  1. An ORDER has been completely submitted,
  2. All files have been correctly submitted,
  3. If applicable, the customer has approved the online proof and has given the go ahead to proceed with production, and
  4. Payment information has been provided.

Please note that our cutoff if 12pm EST. Production will begin the following day for orders received after this time. Although we rarely miss production schedules, the printing and pre-press process involves equipment which is subject to malfunctions and/or equipment failure. We will always do everything in our power to make sure that any production problems do not delay your job. However, please note that ALL production and delivery times ARE NOT CONTRACTUAL and no turnaround time can be guaranteed. No verbal or written correspondence can change that. Please try to plan date sensitive materials timely.

Paper
Please note there can be tolerances in thicknesses in paper by up to 1pt.

PDF Proofs
Files are checked on a first come first served basis. If a PDF proof is requested it can take up to around 24 hours before your files are checked due to the large volume of orders we receive. If your files are set up correctly you will receive an e-mail with a link to your on-line proofs. PDF proofs are meant to check for layout only and not meant to check colours. We also suggest that if your job is colour critical, you purchase a press match proof. This proof normally costs $70CAD & $50US. Please keep in mind that while we will try our best to match proofs, We DO NOT GUARANTEE COLOR MATCHING.
PDF proofs will NOT be sent out for the following formats: PSD, TIF, JPG, BMP, GIF, PCX, PNG, PDF. These formats are flattened where images and fonts will not change. Customers will not be notified and production will start on these orders immediately.

Colour Matching and Proofs
To ensure proper colour matching customer must purchase a press match proof. Customer supplied proofs are not acceptable as they are not calibrated to our presses. Jobs without proofs will be printed following generally recognized industry standards. Because of differences in equipment, processing, proofing substrates, paper, inks, pigments, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and completed job shall constitute acceptable delivery. Please note that your monitor’s calibration affects what you see on your screen. The colors on the printed cards may differ from what you see on your screen. Please keep in mind that while we will try our best to match proofs, we DO NOT GUARANTEE COLOR MATCHING.

Over runs and under runs are not to exceed 5-10% of the order.

Transparent Plastic cards: may get some minor scratches (No Guarantee)

Warranty
In the unlikely event that an error has occurred during the production of a particular job, we must be promptly notified of the problem. Claims for defects, damages, shortages must be made by the customer in writing within a period of seven (7) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission the customer is in full compliance with the terms, conditions and specifications outlined herein. In the event of an error in printing, a determination will be made whether the defect is of such nature as to qualify for a discount or re-print. Our liability should be limited to reprinting of any defective order and in no case will include special or consequential charges, including expenses, rush shipping, profits lost due to damages. This guarantee applies only to defects in workmanship or materials. It does not cover defects in the files submitted for printing. Over runs and under runs are not to exceed 10% of the order.

Promotion
Unless otherwise specified (in writing at the time the order was placed), we reserve the right to use any item produced by us for print or display promotion.

Payments
We accept cash, money orders, certified/bank checks, Visa, Mastercard, Amex, and Paypal. Payment shall be whatever was set forth in the quotation or invoice unless otherwise provided in writing. The person placing the order will be personally responsible for any outstanding debt owing. An additional $25.00 fee will be charged for return cheques to original amount. As security for payment for any sum due or to become due under terms of any Agreement, printer shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in printer’s possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance or guarantee of payment shall not affect such security interest and lien.

Refund & Cancellations
Once an order has been received and has entered the production cycle, refunds are not allowed. No partial refunds given for work not completed. Customers requiring modifications to their order after viewing PDF proofs will be charged a $45 fee. We urge clients to proof read all materials prior to submitting artwork and not to use our free PDF proof service as a way of checking final content. Customers wishing to cancel orders once PDF proofs have been generated will incur a mandatory $50 fee. This fee is not negotiable and will be charged in full.

Materials
Working mechanical art, type, negatives, positives, digital files, flats, plates and other items when supplied by the printer, shall remain his exclusive property unless otherwise agreed in writing. You certify that you own the rights to use the image(s) being reproduced on your postcard. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Customer’s Property
The printer will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer while such property is in the printer’s possession: printer’s liability for such property shall not exceed the amount recoverable from such insurance. Customer’s property of extraordinary value shall be insured through mutual agreement.

Taxes
Please note the following tax rates by province. The rate will be charged based on the location the product will be shipped to. For example: If you are located in Ontario and have indicated the products will be sent to BC, a 12% tax rate will be charged.

Alberta5%

British Columbia12%

Manitoba5%

New Brunswick13%

Newfoundland13%

North West Territory5%

Impulsive media Scotia15%

Nunavut5%

Ontario13%

PEI5%

Quebec5%

Saskatchewan5%

Yukon5%

Shipping & Handling
Delays, damage or loss of packages during shipping are the sole responsibility of the carrier providing shipping services. We will not be held responsible for any delays, damage or loss of packages caused during shipping. We will not be liable for any claims of loss of business or damages due to shipping delays or damage. Each carrier has limited damage liabilities normally at a maximum claim of $100 per shipment.

Indemnification
The customer shall indemnify and hold harmless the printer from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all matter of claims, demands, actions and proceedings that may be instituted against the printer on grounds alleging that the said printing violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person’s right to privacy or other personal rights, except to the extent that the printer contributed to the matter. The customer agrees, at the customer’s own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the printer, provided that the printer shall promptly notify the customer with respect thereto, and provided further that the printer shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.

 

Web Design, SEO & Web Development Terms and Conditions

Definitions

The following terms and conditions document is a legal agreement between Impulsive media Solutions Ajax hereafter “Impulsive media” and “Client” for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

Acceptance of Project

Quotations are valid for 15 days from date of issue.

When Impulsive media is hired verbally or in written for website, development, seo, updates or other services from Impulsive media, means an offer to Impulsive media which is accepted by Impulsive media only when an invoice is sent to the Client

Impulsive media reserves the right to withdraw from the contract at any time.

Permission and Copyright

Copyright of the completed web site, pages, code and source files created by Impulsive media for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Impulsive media.

Any images purchased by Impulsive media for clients website will be the property of Impulsive media. Or client may buy his own and supply to Impulsive media will implant on the client’s site.

These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the Impulsive media.

Client hereby agrees that all media and content made available to Impulsive media for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Impulsive media from any claim or suit that may arise as a result of using the supplied media and content.

Client agrees that the Impulsive media may include development credits and links within any code the Impulsive media designs, builds or amends.

Client agrees that the Impulsive media reserves the right to include any work done for the Client in a portfolio of work.

Domain and Hosting

Client is responsible for use of third party domain name, hosting, email services and hereby agrees to indemnify and hold harmless the Impulsive media  from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.

Projects

Once the project for Website development, maintenance or seo is completed then final payment must be made to Impulsive media. Once paid in full impulsive Media will deliver the project to client in complete, after this the client will be responsible for the project in all means including maintenance, backup, update, errors, alterations, database etc. Any further alterations, Impulsive media reserves the right to request payment for further alterations at a rate of$70/per hour. Client agrees to provide all required information and content to Impulsive media in mutually set time to enable Impulsive media  to complete a design, SEO or web site work as part of an agreed project. If client fails to supply contents within 30 Days from the initial start date, Impulsive media reserves the right without notice to cancel, reject, refuse to work with a Client. There will be no refunds issued whatsoever once the project has commenced.

Impulsive media will try its best to made pages search engine friendly, however, Impulsive media gives no guarantee that the site will become listed with search engines. During any error or code issue, Client agrees that Impulsive media can apply a nearest available alternative solution. Impulsive media reserves the right to assign subcontractors in whole or as part of a project if needed. Client agrees that Impulsive media cannot guarantee correct functionality with all browser software across different operating systems.

Payment

All invoices must be paid in full within 5 days of the invoice date, once paid Impulsive media will carry out work. Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quote. Client can pay in 2 parts 50% in the start and rest upon completion. Impulsive media reserves the right to decline further work on a project if payment procedure has been ignored. In the event of termination, some payment will be deducted by mutual understanding over work been done.

Upon project completion Client will be notified in writing (email), if any work to be required then client must notify impulsive media within 7 days. if not then Impulsive media consider this deemed approved.

Liability and Warranty Disclaimer

The services and the work product of Impulsive Media are sold “as is.” In all circumstances, the maximum liability of Impulsive Media, its directors, officers, employees, design agents and affiliates (“Impulsive Media Parties”), to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of Impulsive Media. In no event shall Impulsive Media be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Impulsive Media, even if Impulsive media has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. The Client agrees that Impulsive media  is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale. The Client agrees Impulsive media is not liable for absence of service as a result of illness or holiday. The Client agrees Impulsive media is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. Impulsive media is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from Impulsive media to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

INDEMNIFICATION/LIABILITY

Client agrees to indemnify, save and hold harmless Impulsive Media from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Impulsive Media shall promptly notify Client in writing of any claim or suit;

(a) Client has sole control of the defense and all related settlement negotiations; and

(b) Impulsive Media provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. Client will reimburse the reasonable out-of-pocket expenses incurred by Impulsive Media in providing such assistance.

By Impulsive Media. Subject to the terms, conditions, express representations and warranties provided in this Agreement, Impulsive Media agrees to indemnify, save and hold harmless Client from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact which is inconsistent with Impulsive Media’s representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of Client provided that

(a) Client promptly notifies Impulsive Media in writing of the claim;

(b) Impulsive Media shall have sole control of the defense and all related settlement negotiations; and

(c) Client shall provide Impulsive Media with the assistance, information and authority necessary to perform Impulsive Media’s obligations under this section. Notwithstanding the foregoing, Impulsive Media shall have no obligation to defend or otherwise indemnify Client for any claim or adverse finding of fact arising out of or due to Client Content, any unauthorized content, improper or illegal use, or the failure to update or maintain any Deliverables provided by Impulsive Media.

Non-Disclosure

Impulsive media  and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Impulsive media to another party.

Privacy Policy

In projects Impulsive media and any third party associates shall use information provided by a Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1:) to identify the Client in communications with them and 2:) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

Interpretation

Impulsive media reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Impulsive media shall be the sole arbiter in deciding what constitutes a breach. All payments are non refundable.

This agreement shall be governed by the laws of Canada which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law. Any and all matters pursuant to this agreement are governed by Canadian Law and are under exclusive jurisdiction of the Canadian Courts. Impulsive media reserves the right to alter these Terms and Conditions at any time without prior notice.