Terms & Conditions 2018-02-14T17:13:13+00:00

TERMS OF USE / TERMS OF AGREEMENT

Please read these terms of use carefully before using this site.

Welcome to Our Website (Our or The “Website”)

We provide our Website as a service to our customers. Please review the following basic rules which constitute our “Terms of Use & Legal Notices,” which govern your use of our Website. By using our Website you agree to be bound by the Terms and Conditions set forth below, and our Privacy Policy and all disclaimers or other terms and conditions that appear elsewhere on our Website (collectively the “Agreement”). Your use of our Website constitutes your agreement to follow and be bound by the Agreement. If you do not agree to be bound by the Agreement, please do not use our Website. Although you may “bookmark” a particular portion of our Website and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Website still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend you visit these pages periodically to review the Agreement.

Accuracy

Layout

You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully. Postal Regulations are subject to change and you are also 100% responsible for complying with current USPS Postal Regulations as outlined on our website:

K12Print reserves the right to refuse to print any material that K12Print determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. You will not be charged for any services that are performed by K12Print on any job that is denied for the reasons described in this paragraph.

Customer Supplied Proofs

For each job the customer may be required to supply a color hardcopy proof of their job when placing their order. If the job is two-sided, folds or binds (like brochures and catalogs), then a working model (mockup) of the job is required to indicate backup, page orientation, folding, binding and page/order assignment. We are not responsible for any such errors if a working model is not provided prior to proofing. We are also not responsible for any and all errors in the customer’s printing job if they select the “Run As Is, No Proof” option.

Color Proof Accuracy

All cards are placed on our printing press with other jobs are “gang printed.” K12Print will reproduce color from submitted transparencies, slides, photos or digital layouts as closely and accurately as possible, but cannot exactly match color and density (as viewed in a 5,000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements. Although color proofs supplied to the customer are highly calibrated and very accurate, they cannot match the final printed product 100%. This is due to the fact proofs are created in a different way than the printed piece (ink, paper stock, registration, line screens, etc.). Please note also that customer proofs may not closely match our proofs or the printed piece for the same reasons, and because customer supplied proofs are not calibrated to our presses.

The accuracy of each color reproduction is guaranteed to be within a minimum of 85-90% of the original image you submit. k12print.com accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product. All colors contained within any RGB digital file will be converted to k12print.com’s CMYK color space. This may cause the RGB colors to visually change due to color space differences. You should also note that your computer monitor’s calibration affects the colors displayed on your monitor’s screen. The colors on the printed cards may differ from what you see displayed when viewing your layout via k12print.com’s online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not color or density. For reprints, k12print.com strongly suggests you mail a hard copy of the original order for an accurate color review. Additionally, if your order is color critical, k12print.com strongly suggests you purchase a hard copy color proof from k12print.com.

Payment

The fees for K12Print products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. K12Print requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. K12Print grants Credit Terms on the print portion of orders only. All mailing services and postage related fees must be prepaid. Please note that no orders will be mailed until an approved and signed mailing services invoice is returned from the customer authorizing payment. K12Print accepts Purchase Orders from government and educational institutions with prior approval and requires the submission of the PO number at the same time the order is submitted. Any amount due to K12Print, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $25.

Notwithstanding the above, all orders for customers located outside of the United States must be prepaid in full and in advance, including all printing, mailing, processing, shipping and any other applicable costs or charges. Such orders must be paid via credit card, certified bank check (from a bank which k12print.com deems acceptable), ACH or wire transfer. Unfortunately, K12Print can no longer accept any other forms of payment from or extend credit terms to customers who are located outside the United States.

Other Fees

Jobs may be subject to other fees as follows:

• $10.00 – Additional Epson proofs (per 8.5″ x 11″, per side)
• $100.00 per/Hour – Approved artwork alterations (1/2 hour minimum)
• $10.00 – Re-RIP of any file (multi-page products like catalogs subject to higher rates)
• $5.00 – PDF proof on Business Card jobs

This Is Not An Exhaustive List; Other Fees May Be Incurred In Special Circumstances

General Information

Any original media (discs, pictures, slides, proofs, etc.) are non-returnable and become the property of k12print.com unless pre-arrangements are made. Preferred file type is Adobe PDF. Acceptable applications for MAC & PC include, but are not limited to, Quark Express, Adobe PageMaker, Adobe Illustrator, Adobe InDesign, Adobe Photoshop and Adobe PDF. Additional charges may apply if furnished media are incompatible with our software.

We cannot guarantee consistent results if files are generated by other applications like Microsoft Publisher. For best results, all rasterized files should be converted to CYMK. All fonts must be included or embedded. Images must be flattened with CYMK in TIFF or ESP format. Proofs will be emailed or shipped within 24 hours of receipt of files and order form.

Turnaround time begins after receipt of final proof approval. Final approval will only be accepted in written format. No verbal approvals will be accepted. Job is considered complete if within +/- 5%. Quoted prices do not include any shipping, handling or sales taxes (if applicable). Prices subject to change without notice. All jobs require payment in full upon acceptance of order. Unless other payment terms have been pre-arranged and account is current, your credit card will be charged upon placement of order.

Turnaround Time

Although we make every possible effort to turn jobs around in the estimated times offered, your job may require more time due to unforeseeable or uncontrollable circumstances, or finishing services added onto the job. We will not credit customers if a job runs past the estimated turnaround time. TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE!

Right of Refusal

We reserve the right to refuse service or products to any person or organization.

Sales Tax Policy

K12Print is required to collect sales tax on purchases shipped within Florida. If your order qualifies for sales tax exemption in accordance with Florida Sales & Use Tax Regulations you must provide k12print.com with a Valid Florida Resale Certificate. K12Print requires that resale certificates be provided at the time of order via mail or faxed to (561) 202-9820.

Refunds & Cancellation

All refunds of any nature will be in the form of an In-House Credit. Additionally, no partial refunds will be provided for work not completed and design and set up fees may still apply and be charged. All refunds, due to an overpayment on a particular account are available upon customer request.

Cancelled orders are subject to a cancellation fee based on the current status of your job. The fees are as follows:

• $10.00 – PRIOR to a proof being sent.
• $25.00 – AFTER a proof being sent, but PRIOR to customer approval.
• NO REFUND – There will be no refunds of any kind AFTER a job has been approved.

Production Time & Delivery

Our daily deadline for receiving materials to begin work on an order is 10:30 noon EST. Quoted Production Times start only after k12print.com receives final approval of your layout and summary of printing charges with no further changes per K12Print’s Approval Form. K12Print quoted production business days are calculated in 24 hour increments. All correspondence regarding the order must include the job number (in the subject line of an email or on the outside of a package/envelope) to avoid any delays in production. Completion of your job within our quoted Production Time is dependent on receipt of your signed Layout and Final Approval. Please account for additional time for delivery of your order as the number of delivery days is dependent upon the delivery service you select. For k12print.com observed holidays, add one (1) additional day to the Production Time. Expected delivery date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. K12Print is not liable for damage caused by any service carrier. Carrier claims are limited to $100. k12print.com accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from k12print.com’s facility within 30 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates.

Indemnification, Damages

You agree to indemnify and hold k12print.com and its subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including, but not limited to, attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. This also includes, but is not limited to, the use of a union bug.

You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your card. You acknowledge and understand that copyrighted materials, per U.S. Copyright law, do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by k12print.com. DO NOT send any “one-of-a-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork.

The liability of k12print.com, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to K12Print for its products and services. In no event will k12print.com be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by k12print.com. You hereby waive any Statute of Limitations to the contrary.

Ownership & Limited Use

By placing an order with k12print.com, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with k12print.com and; (ii) are authorizing K12Print to print such order on your behalf. Any images/graphics, text or other materials supplied to k12print.com by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to K12Print. However, any additional materials created by k12print.com in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc…) are and shall remain the sole property of K12Print. Digital files of an k12print.com assembled layout can be obtained upon customer’s written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party.

In the event k12print.com has purchased iStock images on your behalf for use in your layout please be aware that these iStock images are by default purchased with iStock’s Standard License which only permits the image and/or content to be used on one layout for one mailing campaign. iStock’s standard license agreement dictates that these images and/or content cannot be repurposed by the client or reused in any other layout or mailing campaign (even if re-printing with k12print.com) without repurchasing the image for this additional use.

k12print.com reserves the right to reprint and distribute your finished cards as examples of a K12Print postcard product for any and all promotional purposes. This promotional distribution may include but is not limited to K12Print’s collateral marketing materials, website, affiliates’ websites, affiliate programs, k12print.com’s catalogs, catalogs of others, emails, and any other marketing in any medium that K12Print may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to K12Print at the following address: 1818 7th Avenue N, Suite #4, Lake Worth, FL 33461, or by email to the following address: info@k12print.com. Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed.

Your Use Of Our Website

Our website and the content are intended solely for your personal, non-commercial use. You may download or copy the content and/or downloaded materials displayed on the Website for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the media in any media. It is strictly prohibited to modify, transmit, distribute reuse, repost, “frame” or use the Content for public or commercial purposes without written permission from an authorized representative.

It is also strictly prohibited to download any images of our products which appear on our website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related property. You agree that if we, in our sole and unfettered discretion, request in writing that you remove any links or links to our website, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access and use of our website, or any part thereof, with or without notice.

No Warranties; Limitation of Liability

Your use and reliance upon any and all information, including but not limited to the content on this website is at your sole risk. Such information is provided on an “As Is” and “As Available” basis. We make no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness or timeliness of such information. 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. In no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our website, with the delay or inability to use our website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our website, or otherwise arising out of the use of our website, whether based on contract, tort or otherwise, even if we or any of our suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of our website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using our website.

Security

Tampering with our website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited. users are prohibited from violating or attempting to violate the security of our Website, including, without limitation, a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; b) using our Website for unintended purposes or trying to change the behavior of our Website; c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing’; e) forging any TCP/IP packet header or any part of the header information inn any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or g) forging communications on behalf of our Website (impersonating our Website), or to our Website (impersonating as a legitimate user). Sending unsolicited and unauthorized email on our behalf, including promotions and/or advertising of products or services, is expressly forbidden. You agree not to use any device, software, or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted one this site. You agree further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.

Kids’ Privacy

Our Website is intended for use by individuals 18 years of age or older. Our Website is not directed to children under the age of 18. Users under the age of 18 must use the assistance of a parent or guardian before they use or visit our Website.

Errors, Corrections and Changes

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions,, pricing and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.

Information & Content You Submit To Us

By using our Website, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any third party using our Website is not confidential. By submitting any solicited or unsolicited information using our Website, you grant us and our affiliates an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.

We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights, including but not limited to, the use of a union bug. We are not a union shop and are not authorized to print materials with a union bug. If you submit content with a union bug, we will not print any such content if the union bug is observed during our quality control process. Jobs that violate this union bug policy will automatically forfeit monies collected. Refunds, credits, or partial refunds will be at the sole discretion of k12print.com.

Third Party Websites & Links

Our Website may contain links to other Websites that are not under our control (“Third-Party Websites”). We provide links solely for the convenience and information of our Website users. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on our Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. We make no representation or warranty as to any products or services offered on any Third-Party Website. Then conditions of use and privacy policy of any Third-Party Website may differ substantially from the Terms of Use and Legal Notices that apply to your use of our Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.

Applicable Law & Other Terms

Our Website is created, operated and controlled in the state of Florida, in the United States in America. The laws of the state of Florida will govern the agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Florida in all disputes arising out of, or relating to, the use of our Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and us with respect to our Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Website. A printed version of this Agreement and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon, or relating to, this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in print form.

Mailing Services & Mail Delivery

When utilizing our Mailing Services, K12Print shall only be liable to rectify errors to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the total amount of fees payable by customer for the work performed. In no case will k12print.com be liable for special, incidental, or consequential damages of any kind. K12Print’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. K12Print shall not be liable for USPS performance failures or delivery delays. K12Print accepts no responsibility for any additional services performed outside of K12Print, including but not limited to additional ink jetting, printed materials, bindery or mail delivery services. Any remaining customer cards not mailed through K12Print Mailing Services will be returned via UPS at customer’s expense and shipped to the contact address on file unless otherwise specified by the customer.

Mailing Lists

k12print.com agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a customer’s mailing list. A customer’s mailing list(s), while in the possession of K12Print, is the exclusive property of the customer and shall be used only with customer’s instructions. It is customer’s or customer’s list vendor’s responsibility to maintain a duplicate copy of its mailing list. K12Print assumes no responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while in its possession. Customer’s mailing list(s) will not be sold or offered for use to any other party, and K12Print will not utilize the list for any other purpose.

Duplicate Removal

Unless otherwise instructed, K12Print will remove duplicate names from all lists submitted for processing where the name and address match. No charge will be incurred for removing duplicates within an entire list.

Change of Address Updates

U.S. Postal Service requires that all first class presorted mailings comply with Move Update. K12Print assumes no responsibility for failure to do so. Refer to the Updating Your Mailing List page on our website for more information.

Reformatting

K12Print uses ASCII and DBF formats for data compilation for mailing services. Customer will be notified, in advance, of conversion and formatting incompatibility.