USE OF SERVICE
InkRabbit Printworks currently provides users with on-line digital imaging quotation, order processing, payment processing, file transfer, and other related online features. Any new or updated features that expand or improve our current service, including any new release of InkRabbit Printworks on-line features, shall be subject to these Terms of Sales (TOS). The on-line service is provided to the public "As-Is". No responsibility will be held by InkRabbit Printworks for the loss of data during file transfer or failure to store any digital file that you or any other person supplies.
Upon the registration process, you agree to provide true, complete and accurate information about yourself and/or your company in the required fields as prompted by the service's registration form. User data and your company information about you and/or your company are subject to our
ACCOUNT INFORMATION AND SECURITY
Each registered member will receive a password and designated account after completing the registration process. You are responsible for maintaining the confidentially of your own password and account and for all activities occur under your password and account. You agreed to notify InkRabbit Printworks for any unauthorized use of your password or account or any other breach of security and ensure that you log-out your account properly at the end of each session. InkRabbit Printworks will not be liable for any loss or damage of your information and contents stored in the site caused by failure to comply with the agreement stated in this section.
All sales orders, written, verbally or entered online, cannot be cancelled once the project is started, unless InkRabbit Printworks is compensated for all services/tasks performed to the job, from the time of placing the order to the time of cancellation of the order. However, customer can cancel any item or the entire order without incurring any charge(s) to the customer if the order has not yet been started. If customer cancels the order after InkRabbit Printworks has started the PDF proofing process but before the actual printing of the job, customer will only be charged $25 per file started, not the full amount of the sales order. If customer cancels the order after the online PDF proof has been approved, customer will be liable for any services/tasks performed up to the time of the cancellation of the order. Due to the custom nature of design and printing products and services, all goods produced are not logically resalable therefore cannot be refunded or returned. If customer breaches the agreement, InkRabbit Printworks may recover the purchase price of the goods without any obligation to resell the goods produced. Prices are subject to change without notice.
By supplying artwork, digital files, logos and printed materials to InkRabbit Printworks for reproduction, customer represents that he/she has the usage right to reproduce such material and does InkRabbit Printworks not violate any copyrights, statue, law, ordinance, or government regulation. The customer agrees to indemnify and hold InkRabbit Printworks harmless from all losses, damages, and expenses, including attorney's fees, that InkRabbit Printworks may suffer as the result of any claims of such violation or alleged violations.
CUSTOMER FURNISHED MATERIALS
All furnished materials by the customer such as copy, film, color separations, computer disks and computer files shall be produced, packed and delivered to InkRabbit Printworks specifications. Customer will be informed for any cost incurred due to improper furnished of materials not according to InkRabbit Printworks specification, shall be charged to the customer at current rates.
InkRabbit Printworks reserves the exclusive right to retain all artwork, type, negatives, positives, tapes, disks and all other necessary item for preparation of the job, when supplied by InkRabbit Printworks, unless otherwise agreed upon in writing.
CUSTOMER SUPPLIED DIGITAL FILES
It is the customer's responsibility to maintain a copy of the original file. InkRabbit Printworks does not hold any responsibility for accidental damage to the media, digital files or images supplied by the customer. No claims or promises can be made in regard to InkRabbit Printworks ability to work with jobs submitted in digital format until evaluated by InkRabbit Printworks. Any electronic media supplied by the customer or developed or duplicated by InkRabbit Printworks (including disks, digital files, and/or computer generated artwork) remaining in the possession of InkRabbit Printworks after jobs are delivered to the customer will become the exclusive property of InkRabbit Printworks. InkRabbit Printworks reserves the rights to store, transfer between systems, or dispose of such files without the obligation to backup for the customer.
The customer understands that all information, photographs, graphics, data, text, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that the customer, not InkRabbit Printworks, is entirely responsible for all Content that is sent, uploaded or posed. Recognizing the global nature of the Internet, the customer agrees to comply with all local rules regarding online conduct and acceptable Content.
InkRabbit Printworks will not be liable for any transmission cost incurred from the result of transmission error. The customer will pay for extra costs caused by such incidents.
All digital output jobs submitted to InkRabbit Printworks by the customer, uploaded through Internet or mailed-in, will begin with InkRabbit Printworks providing a PDF proof before the actual printing starts. InkRabbit Printworks will accept no PDF proofs submitted by the customer as a final layout proof. Online proofing reflects the copies and layout of the document only, not actual color of printing result. The first PDF proof of the digital output file will be generated and sent to customer for online approval of layout of images, graphics, copies and other non-color related contents at no additional cost. If customer realizes that wrong file has been submitted or decides to make revisions and upload/mail-in the new file after viewing the first PDF proof, there may be a $10 charge added to customer's bill for each additional PDF proof generated.
ALTERATIONS OF IN-PROCESS JOBS
Quotations for work only reflects specifications and quantity stated on the final quote submitted through www. InkRabbit Printworks.com. All alterations to in-process jobs require extra work to be perform by InkRabbit Printworks will result in additional cost over the agreed quote. Such additional cost incurred will be charged to the customer at current rate with customer's approval.
If the actual job specifications are different from the original supplied specification, or if the materials are received by InkRabbit Printworks after the pre-scheduled production date or if changes are made after proofing, the pre-determined delivery date is subject to change. InkRabbit Printworks is not responsible or liable for any loss incurred by the customer due to the delay in delivery of any print job. All price quotations are FOB customer's Ship-To address, unless otherwise stated in writing. Title for finished work shall pass to the customer after full payment is received by InkRabbit Printworks
Claims for defects and/or shortages must be made in writing within a period of three (3) days from the receipt of the product. InkRabbit Printworks will accept no claims due to failure of making such claim by the customer within the stated period. Claims for damages or loss of customer's digital data through shipping must be made through the shipping company. Inspection for defects will be done by InkRabbit Printworks staff before any decision can be made on whether or not the product is qualified for claims.
All products fabricated by InkRabbit Printworks implies no further warranty unless otherwise stated in writing by InkRabbit Printworks
LIMITATION OF LIABILITY
InkRabbit Printworks shall not be liable for any loss incurred to the customer for InkRabbit Printworks failure to perform or any delay in performance caused by InkRabbit Printworks the customer or any supplier providing services or material for the printed product. InkRabbit Printworks liability to the customer is limited to and shall not exceed sums actually paid to InkRabbit Printworks by the customer. Prices subject to change without notice.
No credit will be issued online at this time. All online sales are C.O.D. upon shipping of the product. Major credit cards are accepted and processed online after each order is processed. Company checks and personal checks, except temporary checks issue by any bank, may be accepted and subject to a five to seven day clearing period prior to production. Money orders may be accepted and production will begin upon receipt of payment. If the customer disputes payments owed to InkRabbit Printworks, before resolving with InkRabbit Printworks, as agreed for any jobs completed, the customer accepts a lien against any and all customer supplied property which remains in control of InkRabbit Printworks , who retains the right to hold such properties upon notice of nonpayment, subject only to full payment by the customer.
CUSTOMER'S PURCHASE ORDER
Any terms or conditions, quantities or prices listed on any customer purchase order which are inconsistent with InkRabbit Printworks quotation or terms and conditions shall not be binding on InkRabbit Printworks and shall not apply to the sale unless specifically accepted in writing by InkRabbit Printworks
When hiring an attorney or collection agency is necessary to settle disputes over any agreement with InkRabbit Printworks. InkRabbit Printworks shall be entitled to recover reasonable attorney's fee, or collection costs, and cost for preparation, prosecution and appeal of any action taken on its behalf. The venue for any action at law or contest between parties will be held in Orange County, California.
The venue for all agreements with InkRabbit Printworks shall be governed by the laws of the State of California