TERMS AND CONDITIONS:

DIRECT CHOICE PRINTING & GRAPHICS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

ACCEPTANCE OF TERMS

All services provided by Direct Choice Printing and Graphics, LLC. (hereinafter referred to as ”DCPG“), are subject to Terms and Conditions of use. By viewing or using DCPG’s printing and design services, yourself and the entity you represent (collectively hereinafter referred to as ”you“) agree to be bound by all the Terms and Conditions as stated below without modification. If for any reason you do not agree with the Terms and Conditions as stated below, please do not continue to use DCPG.

CHANGE OF TERMS

DCPG reserves the right to change the Terms and Conditions at any time and these changes or additions become effective immediately as they become available. DCPG does not assume the obligation to notify you of any changes to the Terms and Conditions. You are responsible for reviewing the Terms and Conditions for any changes and continued use of DCPG’s services constitutes your consent to these changes.

INDEMNITY

You agree to indemnify and hold DCPG, its parent and affiliate companies, and its officers, employees, consultants, harmless from any and all claims, including attorneys’ fees, arising out of your breach of any of these Terms and Conditions or in connection with your use of services.

COPYRIGHT

DCPG and all of its content are protected by copyright laws of the United States and international treaty provisions. © 2007-2008 Direct Choice Printing and Graphics, LLC. All rights reserved. Our company, its trademark and associated logos, may not, in part or in whole, be copied, imitated, reproduced, modified, transmitted, translated, distributed, adapted or disassembled in any fashion without expressed written permission of Direct Choice Printing and Graphics, LLC.

Copyright laws also pertain to the content you submit to DCPG. Unlicensed or misuse of copyrighted material from books, magazines, newspapers, photographs, web content, writers, artists, composers, publishers, and other authors is strictly prohibited. DCPG will not assume the responsibility of checking the content of its client’s submitted materials for copyright violations. Therefore, DCPG will not be held accountable for any illegal use of copyrighted material by its clients.

COPY, CREATIVE AND USAGE RIGHTS

DCPG maintains certain rights to all of its designs. Client maintains ownership of designs contracted for its original and intended use only. DCPG will provide you with a ”flattened“ copy of your job upon request. Creative and Marketing ideas belong to DCPG and may be used only as specifically contracted for. Written permission must be granted by DCPG for any other use of ideas, copy or ”live“ graphic files.

CUSTOMER CONTENT

You, as the buyer, understand and agree that all content/information (including but not limited to text, graphics, information and messages) are the responsibility of the sender of that content/information and not DCPG. Furthermore, you are responsible for all information and content that you acquire and/or use from DCPG’s service.

In addition, you agree to abide by all rules and regulations pertaining to appropriate and acceptable content. This means that you agree to the following with regards to any product coming from DCPG:

You will not send DCPG any content containing adult or child pornography, or anything indecent, lewd, or obscene; material that threatens to kidnap or injure anyone, threatens to damage the reputation of anyone or harm their personal property, threatens to accuse anyone of a crime, threatens to announce that a person has violated law/s of the United States, or threatens blackmail; encourages or suggests forcible resistance to any law of the United States, insurrection, or treason; includes fraudulent, libelous or hurtful remarks directed at any other person or business; or infringes upon the intellectual property rights of DCPG or any other party.

Let it also be known that DCPG does not control, nor certify the legitimacy, accuracy and/or quality of any information or content posted by our customers. DCPG will not be held liable under any conditions or circumstances for any information, content or material that you may find indecent or offensive.

DCPG provides services and products only for your personal use and you agree to refrain from using such services and products, as well as messages or correspondences for any unauthorized purposes including but not limited to promotional materials, advertising, spam, or any other form of solicitation.

DCPG reserves the right to remove or refuse any content or information that violates the Terms and Conditions agreement or may otherwise be considered unlawful or objectionable. In addition, you agree that content and or information obtained by DCPG may be kept and disclosed if DCPG is required to do so by law, or if DCPG believes, in good faith, that it is necessary to disclose such content in order to comply with any legal proceeding or processes; uphold or enforce the terms of DCPG’s services; respond to any claims that the content or information is or may be in violation of the rights of another party; that the content or information may be objectionable or offensive; or that the content/information is necessary to protect the rights or property of the public or DCPG in any way.

SUBMISSION OF ARTWORK OR GRAPHICS

Images, designs and artwork must be submitted in CMYK format. DCPG cannot be held responsible for any color shift that may occur in conversions to CMYK. Images, designs and artwork must be submitted with a minimum of 300 DPI and CMYK color mode. Customer provided artwork may vary in quality, therefore, DCPG cannot be held responsible for pixilated, blurry or distorted images.

COLOR PROOFING & MATCHING

DCPG cannot be held responsible for matching colors or ink densities on screen proofs approved by customers. Screen proofs can be used to help display layout, text accuracy, and image placement and proportion, but not color or density.

DCPG will make every effort to match the gradient density of each color, however, DCPG cannot be held responsible for the final appearance of a color. The appearance of printed colors may be affected by UV coating, therefore, DCPG cannot be held responsible for final color appearance of UV-coated product/s.

ORDER PROOFS

It is your responsibility to review the final proof and layout of all orders prior to actual printing. Once the final proof has been confirmed by you, no further changes can be made to that order. On orders placed with the NO PROOF option, no changes may be made to the order after submission. This includes changes to bindery and shipping.  Please review the final proof carefully prior to completing your order. DCPG will not accept responsibility for typographical errors, errors in spelling, grammar, punctuation, graphics, fonts or content. DCPG will not be held responsible for client errors in finished product sizes, wrong cuts, or missing or incorrect folds.

PAYMENT TERMS

DCPG requires a 50% non-refundable payment to initiate a new project and the remaining 50% balance due upon completion. For printing, hourly contracts, and consulting, DCPG requires a 30% -50% payment with either the balance due upon delivery or monthly billings as described in this document. DCPG reserves the right to require payment by cashiers check or money order.

LATE AND LEGAL FEES

Legal fees and late fees are applied monthly to all bills 15 days past due. Late fees are 2% of contract total, and are applied monthly until account is paid in full. DCPG reserves the right to collect full legal fees, should legal action be required to secure a debt. Client authorizes use of small logo/web address for DCPG on print pieces, web sites and e-mails for the purpose of identifying the designer (DCPG).

COMPLETION DATES AND RUSH CHARGES

All projects will be completed ASAP, as the process allows. All content and materials that are needed must be provided to DCPG before a timeline can be issued. If you need a firm due date, DCPG can note it in your contract, however RUSH fees may apply. Rush charges vary with each project and the amount of time allotted, ranging from 25-100%.

ORDER CANCELLATION

Prior to proof approval, DCPG allows customers to cancel orders. Orders placed without proofs can not be cancelled.

Cancellation requests should be submitted via Phone Call / E-mail immediately.  Any Phone Call cancellation must be followed up by a written cancellation.  DCPG will inform you of any charges depending on the stage of the order.

Cancellation fees will be calculated based on the age of the order and whether a proof was created. Age will be calculated in calendar days from the date the order was placed.

Orders left on hold over 90 days will automatically be cancelled.

The cost of proofs plus administrative fees (calculated in the above table) will be subtracted from the total refund. 

NO CANCELLATIONS ON ORDERS PLACED WITH A NO-PROOF OPTION. 

RETURNS AND REFUNDS

Customer orders have no re-sale value. Therefore, ALL SALES ARE FINAL. If the error is verifiably due to DCPG, DCPG will re-print the order at DCPG’s cost. Any defect/s discovered in your shipment must be reported to DCPG within 10 days of your order’s receipt. To qualify for a free replacement order, you must return your entire product (at your own expense) within 15 days from the time THE product was delivered. All Charges related to expedited orders (rush printing or shipping) are NON REFUNDABLE UNLESS UPS FAILS DELIVERY OR DELIVERS DAMAGED PRODUCT.  THERE WILL BE A 10% CHARGE TO ALL CHANGES TO AN ORDER RESULTING IN A CREDIT.

SHIPPING AND DELIVERY OF PRODUCTS

DCPG will always strive to avoid any delays in production or shipping, however, DCPG will not be held responsible for any consequences or damages due to delayed production or delivery. DCPG’s shipment and delivery dates are based upon estimates provided by DCPG’s shipment suppliers. DCPG will not be responsible for delays in shipments due to shipping company delays, international customs issues, weather conditions or any other circumstances beyond DCPG’s control. DCPG will strive to ensure that all delivery schedules are met in a timely manner.

However, unexpected production or shipment delays may occur as a result of technical problems or equipment malfunction or failure. Rush charges/fees will be refunded or waived by DCPG, where applicable, for a delay caused by technical difficulty. However, order cancellations will not be allowed due to technical difficulty.

MAIL / BULK MAIL SERVICE

DCPG is not responsible for lost or non-delivered mail. The U.S. Postal Service does not track mail. DCPG’s responsibilities end when the U.S. Postal Service accepts your mailing from DCPG. DCPG will have a proof of mailing statement (3602-R for standard class, 3602-NP for the Non-Profit and 3600 for first class mail.) that can be faxed to you upon request. First Class mail takes 1 - 5 days (average) to reach its destination. Standard Class and Non Profit mail take 7 - 20 days (average) to reach its destination. The U.S. Postal Service will not give a refund on postage for non-delivered mail. DCPG is not responsible nor does DCPG guarantee a response to your mailing. Industry average is a 1 - 2% response rate. Your results may vary.

DCPG understands that your list is privileged and confidential. It will not be used or sold for any purposes other than your mailing. Upon request DCPG may archive your list but will not be held responsible of system failure. You should always have a copy of your list with you.

In the event of a mistake or error, DCPG will only accept liability up to the cost of goods and services provided. By using DCPG’s services, DCPG will not accept liability for any loss of revenue, business consequential or implied damages.

LIMITATIONS & LIABILITY:

DCPG HAS THE RIGHT TO HOLD CUSTOMER PROPERTY (a lien) AS SECURITY FOR UNPAID BILLS.

DCPG reserves the right to refuse service to any party for any reason it deems fit.

PLEASE NOTE:  ANY SUPPLIED MEDIA WILL NOT BE RETURNED.  PLEASE DO NOT SEND ANY ORIGINAL MEDIA.

RETURNED CHECKS

If a check made payable to DCPG is returned for any reason, your account and all orders will be placed on hold, and you will be charged a return check fee of $50 for each returned check.

Contact information and restrictions.

If you have questions or comments or would like to contact us concerning these Terms and Conditions, please contact us by ordinary mail at the company address below.

If you want to make use of your right of inspection or rectification, please contact us by ordinary mail at the company address below.

If you do not want to be informed (anymore) in the future about are new products and services, please contact us by ordinary mail at are Company address below. If you don't wish to receive further e-mail notifications, please use the unsubscribe possibility listed in your e-mail.

Company address:

Direct Choice Printing & Graphics, LLC. 

28039 Scott Rd., D296

Murrieta, CA 92563

USA