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Terms & Conditions

PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

These terms and conditions (the “Agreement”) cover use of the Planet3Press.com website ("our Site"). By accessing any page of our Site, you are acknowledging that you agree to be bound by all of the terms and conditions of this Agreement.  In addition, when using particular Planet3Press services, you may be subject to additional posted guidelines or rules specific to such services which may be posted on our site from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.  “You” and “Customer” in this Agreement means you individually or on behalf of the entity you warrant you are authorized to represent.  “We” and “Our” means Planet3Press.

We reserve the right to modify this Agreement from time to time, for any reason, without notice.

Copyright Policy
We respect the intellectual property of others, and we ask our users to do the same.

We do not obtain copyright permission for you or determine if copyright permission is required. When you use our Site, you are representing that you have the full unlimited rights to use and reproduce all copy, design, text, photographs, messages, graphics, images or other materials in your piece without infringing the intellectual property rights of others, even if the piece contains a copyright or other notice. You also recognize that copyrightable works do not have to contain a copyright notice in order to be protected by copyright law, so absence of such notice does not necessarily assure a right to reproduce. You also warrant that neither you nor anyone else has removed any copyright or other notice from any material used in preparing your piece for printing by Planet3Press.com.

Customer Content
Recognizing the global nature of the Internet, you agree to not use our Site to send, upload, post or otherwise transmit any Content that violates any applicable Federal, state or local laws. You acknowledge that we shall have the right to refuse to print any Content that violates this Agreement or may otherwise be obscene or objectionable. You further acknowledge that we may disclose Content if required to do so by law or in the good faith belief that disclosure is necessary to comply with legal actions or claims, or to protect the rights, property, or personal safety of our business, our customers and the public.

We do not control the Content posted by Customers and we do not guarantee the accuracy, integrity or quality of the Content. Under no circumstances, will we be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.  We do not pre-screen Content, but we have the right (but not the obligation) in our sole discretion, to remove any Content that violates this Agreement or may otherwise be objectionable.

You agree to indemnify and hold Planet3Press.com and our subsidiaries, affiliates, officers, agents, business partners or employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, or transmit through our Site, including but not limited to copyright infringement, your use of the service, your connection to the service, your violation of this Agreement or your violation of the rights of a third party.

Satisfaction Guarantee Terms and Conditions
If for any reason you aren't fully satisfied with your printed piece, we will either reprint it or provide a refund, under the following terms and conditions:  

We will not honor the Full refund guarantee to any shipping claims. We will only reprint orders damaged or confirmed as lost by UPS or FedEx.
 
We reserve the right to have you return the original order, at our cost, before reprinting or refunding your order.

Maximum refund per order or customer is $1000. The only remedy for orders over $1000 is reprinting of the original order quantity to correct product defects for which we are responsible. We are always reasonable to work with on orders of any size, but the lawyers made us put this part in to protect ourselves from possible fraud.

This guarantee is limited to reprint of the original order quantity or refund of the purchase price of the order as described above. We are not responsible for any other damages or claims incurred by you or your business caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date.
 
This guarantee does not cover fees for mailing service or postage or associated incidental or consequential damages or claims. Planet3Press.com is not liable for U.S. Postal Service errors, including loss, misdelivery or delay.

Cancellation and Correction Fee Policies
You may cancel your order anytime prior to approving your proof. Your credit card will only be charged $30 when we receive your order. Planet3Press.com will suspend all work on your order upon cancellation and will not be liable to customer or others for failure to meet any delivery date, finish any work or complete any job. If we are unable to process your files, or if you cancel your order before we post a proof, your $30 will be refunded. Once you approve your proof, your card will be charged for the balance of the order cost.

If you find problems with your proof, you can either send us a corrected file for a $30 fee, or have us make corrections at $20 each. There is no charge for corrections made as a result of any errors we introduced in preparing your proof.

General Practices Regarding Use and Storage
When you, or someone on your behalf, orders a print item under your account, you grant us the license to access and store the digital files for use in processing print orders. You agree that we have no responsibility or liability for the deletion or failure to store any Content transmitted to our Site. We may also from time to time include customers' printed pieces as samples of our products on our website or in our sample packet. You hereby grant us permission to use or not use, edit or modify, at our discretion, your printed piece(s) with or without your name and information about you, in any form or medium, on our web site, print and point of sale advertising, whether alone or in conjunction with other material, and in any way we may desire for purposes of training, trade, advertising, publicity or promotion of any kind, for unlimited time and usage  and the right to retain all of the income and benefit derived from such use.  You agree that you will not be receiving any monetary compensation for such use and you hereby release, and shall have no claim against us or any other person, firm or corporation by reason of any such use of this material.  

Privacy Policy and Credit Card Information
No information we collect for order processing or from inquiries is shared with any other company or website. Your information is only used to contact you when necessary, or to provide news, special offers or invitations to participate in customer surveys or testimonials. You may opt-out of receiving non-order related communications on our Unsubscribe page.

Credit Card information is only used to bill you for products and services ordered. Our secure shopping cart uses the latest secure server technology. Your order is submitted and retrieved with a secure connection to our server and remains secure at all times.

Proprietary Rights
The Software and all pages within our Site are the property of Planet3Press.com. "Planet3Press.com," and its respective logos are trademarks and/or service marks owned by Planet3Press.com. All other trademarks, service marks and logos used on our Site are the trademarks, service marks or logos of their respective owners.

Permission is granted to download and use content on our Site for private, non-commercial use only, without alterations. You can host or include the material and summary on your site or e-publication, with the link to the Planet3Press.com URL. You acknowledge that you do not acquire any ownership rights by downloading or republishing copyrighted material from our Site. If you have further questions on referring to our content including our logo, please contact marketing@Planet3Press.com or call 1-866-894-7754 and ask for the Marketing Team.

Modification or Termination to Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, all or part of our services without notice to you.  We may, without your consent, terminate your password, account (or any part thereof) or your use of our services and remove and discard any Content for any reason, including, but not limited to, your lack of use of our services. You agree that we will not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of our website or services.


Disclaimer of Warranties
You expressly understand and agree that: (a) your use of our website/service is at your sole risk; the service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. (b) we make no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations;  no advice or information, whether oral or written, obtained by you from us or through the use of the service shall create any warranty not expressly stated in this Agreement.

Limitation of Liability
You expressly understand and agree that we and our affiliates, officers, employees, agents, vendors or other business partners, shall not be liable to you for any direct, 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 we have been advised of the possibility of such damages), resulting from: (i) your use or inability to use the service; (ii) your cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) the unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

 
TERMS AND CONDITIONS
(The printing terms used below are normal and customary terms in the printing business)
In the event of any inconsistency between these Terms and Conditions and the Agreement above,  the Agreement will prevail.


1.    ESTIMATE.  Planet3Press.com may give customer an Estimate (probable cost of job based on initial specification from customer) orally or in writing, with or without reviewing the original copy (written material, art, photographs and/or graphics).  An Estimate is not binding on Planet3Press.com.

2.    CUSTOMER-FURNISHED MATERIAL(S).  Customer Furnished Material(s) (i.e., paper stocks, inks, camera-ready copy, film and color separation and other such items) shall be manufactured and delivered in accordance with the specifications separately listed in the Estimate.  Cost and expense not separately listed in the Estimate due to delays or impaired production caused by failure to comply with specifications will be charged to customer.

3.    CONDITION OF ORIGINAL COPY.   Upon Review of original Copy, if the condition, state, characteristics, components, composition, appearance, fitness or other circumstances of the original Copy differ from that which had been initially described and upon which initial description an Estimate was made, such Estimate will automatically be rendered null and void, and Planet3Press.com will issue a new Estimate.

4.    PREPARATORY MATERIALS.  Regardless of any term or condition to the contrary, and subject to paragraphs 5 & 6, preparatory materials (final Copy used to go to print; i.e. working mechanical art, type, negatives, positives, flats, plates and other such items) when created, developed or furnished by Planet3Press.com will remain Planet3Press.com’s exclusive property.  Customer will acquire title to, and/or the right to use,  Preparatory Materials only upon Planet3Press.com being paid in full both the amount separately listed in the Estimate or Invoice or separately quoted upon customer’s request (whether before or after completion or delivery of job) for Preparatory materials and the remainder of the Invoice amount for the job.


5.    ALTERATIONS/CORRECTIONS.  Alterations represent work performed in addition to or changes of the original specifications listed in the Estimate.  Planet3Press.com will quote customer separate charges for Alterations. If Alterations are made at customer’s request, customer agrees to pay Planet3Press.com Alteration Charges in addition to the original Estimate or Invoice amount for the job.  Corrections represent rectification’s of typos, mistakes and unauthorized deviations from the original Copy and/or specifications listed in the Estimate.

6.    PRE-PRESS PROOF(S).   Pre-Press Proof(s) (pre-printing test sheet made to reveal errors or flaws and how job will appear) will be submitted to customer with original Copy, if provided by customer.  Corrections will be made on one set of pre-press Proof(s) only (“masterset”) and returned marked “OK” or “OK with Corrections,” signed by customer.  If master set of pre-press Proof(s) is returned marked “OK with Corrections” at time of return of the master set, customer MUST request, in writing, corrected pre-press Proof(s).  Planet3Press.com will not be liable for errors, mistakes or breaches of any express and/or implied warranties (including of fitness and/or merchantability) if the customer has failed to return master set of pre-press Proof(s) or corrected pre-press Proof(s) with indication of corrections and/or if customer has instructed Planet3Press.com to proceed without submission of pre-press Proof(s) or corrected pre-press Proof(s).

7.    COLOR PROOF(S).  Because of differences in equipment, processing, proof substrates (substance Proof is on, i.e., vinyl, paper, plastic, or other), paper (including color bases), inks, pigments and other conditions, there may be differences between color Proof(s) and actual finished work per the Estimate specification.  Planet3Press.com will not be liable for breaches of any express and/or implied warranties (including fitness and/or of merchantability) by reason of reasonable color variations(s) between color Proof and finished work, and such reasonable color variation(s) in finished work shall constitute acceptable delivery.

8.    PRESS PROOF(S).  Unless separately listed in the Estimate, no Press Proof(s) made on the press using the plates, paper and ink specified for the job) will be provided.  If Press Proof(s) are not separately listed in the Estimate, upon customer’s request Planet3Press.com will quote a charge (including any off premises printing costs).  An Inspection Sheet (a one sheet/page sample Press Proof of a multiple sheet/page job) of any form (i.e. loose, composite, unfinished, not final or otherwise) will be submitted for customer approval at no additional charge provided that customer is available at the press (unless other arrangements are made) during the time of Make-ready (activities required to set up the press before production begins).  Customer agrees to pay Planet3Press.com for charges (including off premises printing costs) for lost press time due to customer delay or customer changes and corrections.

9.    OVER-RUNS AND UNDER-RUNS.  Over-runs and under-runs not to exceed 10% (Quantity Range”) on quantities ordered, or the Quantity Range otherwise separately listed in the Estimate specification, shall constitute acceptable delivery.  If customer requires guaranteed exact quantities, Quantity Range will be doubled.  Customer agrees to pay for actual quantity delivered within Quantity Range based upon unit price per Estimate.

10.    DELIVERY.  Unless separately listed in the Estimate, the Estimate is for a single shipment (*i.e., one continuous, uninterrupted delivery of complete job order without storage), F.O.B. local customer’s place of business or F.O.B.  Planet3Press.com’s platform for out-of town customers.  Unless separately listed in the Estimate, the Estimate will not include charges related to delivery from customer or customer’s supplier to Planet3Press.com or special priority pickup or delivery service. Customer’s or customer’s supplier’s delivery or special priority pickup or delivery service upon customer’s request will be charged by Planet3Press.com.  Materials delivered from customer or customer’s supplier will be verified with supplier’s ticket(s) only as to cartons, packages, or other items delivered.  The accuracy of quantities contained in such materials delivered as indicated on supplier’s ticket(s) will not be verified, and Planet3Press.com will not be liable for shortage based on supplier’s ticket(s).

11.    PRODUCTION SCHEDULE(S).  Production Schedule(s) and delivery dates(s) will be separately listed in the Estimate.  Customer and Planet3Press.com agree to adhere to production  schedule(s) and delivery date(s); provided that neither will be liable for delay due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action(s) of government or civil authority, act(s) of God or other cause(s) beyond the control of Planet3Press.com. Where production schedule(s) is (are) not adhered to by customer, delivery date(s) will be renegotiated.

12.    TERMS.  Customer agrees to pay amount(s) on term(s) separately listed in the Estimate, Invoice or other agreement. Customer agrees that claim(s) for Nonconformity (i.e., defective, damaged, short or other claim) will be made in writing within fifteen (15) days after delivery of each shipment of job claimed to be in Nonconformity.  Customer’s failure to make Nonconformity claim timely will constitute irrevocable acceptance and admission that the shipment fully complied with terms, conditions and specifications.

13.    SECURITY INTEREST.  As security for payment of any sum due or to become due per the Estimate, Invoice or other agreement, Customer hereby grants and conveys to Planet3Press.com a lien and security interest on, and the right to retain possession until paid in full of all customer property in Planet3Press.com’s possession (including, without limitation, original Copy, work in process and finished work).  Any extension or release of credit, or acceptance or release of notes, trade acceptances or guarantee of payment, shall not affect Planet3Press.com’s security interest and lien.

14.    INDEMNIFICATION.  Customer agrees to indemnify and hold harmless Planet3Press.com from any and all loss, cost, expense, fees, liabilities, judgments and damages (including court costs and reasonable counsel fees and disbursements of counsel) on account of any and all manner of claims, demands, actions and proceedings (including investigations and responding to subpoenas whether or not customer or Planet3Press.com is a party, collectively “Claims”) that may be made or instituted against Planet3Press.com alleging that the job or work violates any copyright(s), trademark(s) or other proprietary right(s) of any person or entity or that it contains any matter that is libelous or obscene or scandalous or invades any person’s right to privacy or other personal right(s), except to the content caused by recklessness or willful misconduct of Planet3Press.com. Customer agrees, at customer’s own cost and expense, to promptly defend and continue the defense of any  Claims against Planet3Press.com, provided that Planet3Press.com gives customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue such defense.

15. INVOICE TERMS/INTEREST/ATTORNEYS FEES. Payable upon receipt. All amounts which are 30 days past due shall bear interest at the rate of 1.5% per month or the maximum rate allowed by law until paid in full. Customer agrees to pay all reasonable collection costs, and attorneys fees and costs incurred by Planet3Press.com to collect any amounts due under this invoice.

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