Terms & Conditions
Welcome to theprintwave.com
Please be sure read these Terms and Conditions very carefully. By using this site and pages thereof, and by using Theprintwave.com services, you agree to be held liable by the Terms and Conditions below and any statement on all web pages of the Theprintwave.com. website. If you do not agree to these Terms and Conditions, Please DO NOT! utilize this site, or any pages thereof, or utilize Theprintwave.com services and or information.
If you are submitting electronic files for "any and all printing projects" the purchaser is agreeing to ALL of the "Terms and Conditions," and you agree to be bound by the Terms and Conditions below and any statement on all web pages of the Theprintwave.com website. Any and All printing projects are manually placed by customers through our customer service or sales department and by our online order system. All electronic files submitted by clients will be used as is after proof approval.
Access to Password Protected/Secure Areas:
Access to and use of password protected and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals accessing or attempting to access these areas of the website may be subject to prosecution. In no event will Theprintwave.com be responsible for damages arising out of the improper use of your password by unauthorized personnel.
If any party hereto brings any suit, action, counterclaim, arbitration, or other proceeding relating to the enforcement or interpretation of any of the provisions of this business transaction, or relating to the subject matter of this business transaction, the prevailing party therein shall be entitled to recover a reasonable allowance for the attorneys' fees and litigation expenses in addition to court costs. The "prevailing party" within the meaning of the Section includes without limitation a party who: (i) agrees to dismiss an action or proceeding upon the other's payment of the sums allegedly due or performance of the obligations allegedly breached; or (ii) obtains substantially the relief that such party seeks. Any Consumer Business Dispute brought to the attention of the Strongsville Better Business Bureau for arbitration will not be subject to attorney's fees.
Claims & Liens:
Claims for defects, damages, or shortages must be made by the customer in writing no later than 24 hours after delivery receipt. If no such claim is made prior to these 24 hours, Theprintwave Inc. and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider's performance has fully satisfied all terms, conditions, and specifications. The provider's liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, Theprintwave.com has the right to hold and place a lien on all customer property in the possession of Theprintwave.com This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made the customer is liable for all collection costs incurred.
With the use of the Theprintwave.com website and our custom on-line print ordering services, the Customer agrees and acknowledges that the Customer is the legal owner and/or licensee of ALL submitted artwork to Theprintwave.com. The customer also relinquishes Theprintwave.com of any legal liability related to copyright violation and/or infringement. The customer assumes sole responsibility and liability of ALL forms of submitted artwork to Theprintwave.com.
The Customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold Theprintwave.com. harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
Customer Communications and Liability:
Any and all pertinent information that is needed to fulfill a customers order, from the conception of the order being placed and up until the time it is shipped from our facility, must be in the customers account under that specific order number. All customers have the opportunity to place pertinent information in the Notes section when placing and order, under Item Notes/Special Instructions, or in the Delivery section under Order Note/Special Instructions. Customers can also place pertinent and vital information about a specific order at anytime after an order is placed, in the LOGIN area at the welcome screen. In this area the customer can choose option 3. Send a Message, to send Theprintwave.com. as much information as they want, about their specific order number.
Theprintwave.com. will only maintain fire and extended coverage on property belonging to the customer while the property is in the possession of Theprintwave.com. Theprintwave.com's liability for this property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing and if the premium is prepaid to Theprintwave.com.
Although Theprintwave.com. has attempted to provide accurate information on this website, we assume no responsibility for the accuracy of the information. We may change the programs or products described on this website without notice at any time. THE INFORMATION PROVIDED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, SERVICES, CONTENT AND SOFTWARE, IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS. Theprintwave Inc. DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Governing Law; Jurisdiction and Venue:
The rights and obligations of the parties shall be governed by, and entering into a business transaction with Theprintwave.com shall be construed and enforced in accordance with, the laws of the State of ohio, excluding its conflict of laws rules to the extent such rules would apply the law of another jurisdiction. The parties hereto consent to the jurisdiction of all federal and state courts in ohio, and agree that venue shall lie exclusively in Strongsville, ohio. Any action or proceeding arising out of or related to this Agreement shall be brought and enforced only in the state and federal courts located in Strongsville,Ohio, and the parties consent to the personal jurisdiction of such courts and waive any argument that venue in any such forum is not convenient.
The customer agrees to protect Theprintwave.com from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold Theprintwave.com harmless and safe, indemnify, and otherwise defend her/him against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
Disclaimer of Express Warranties: Theprintwave.com warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of work. They are not intended to represent the actual work performed.
Disclaimer of Implied Warranties: Theprintwave.com warrants only that the work conform to the description contained in the purchase order Theprintwave.com maximum liability, whether by negligence, contracts, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstance will Theprintwave.com be liable for specific, individual, or consequential damages.
If you find some type of production error or manufacturing defect in the items you received from Theprintwave.com, we will gladly replace this item at NO CHARGE. Theprintwave.com. will issue a return authorization number for the products in question and we must receive the entire quantity that we shipped to you in order to give you a reprint. Original shipping charges are not refundable, since we pay for all returns and shipments on replacement products. Please be reminded: ALL claims must be initiated within 24 hours after delivery receipt. Otherwise, the delivery is deemed acceptable delivery, and Theprintwave.com is no longer liable for manufacturing defects.
Limitation of Liability
IN NO EVENT WILL Theprintwave.com OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSISTE OR ANY Theprintwave.com PRODUCT, DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION SET FORTH ON THIS WEBSITE, EVEN IF Theprintwave.com OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
You may find on our website links to other internet sites and resources. You acknowledge and agree that Theprintwave.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
Theprintwave.com assumes no responsibility if pertinent information is not placed within the customers specific order number. In many instances, customers will have e-mail communications, phone communications, fax communications, or any host of other ways of communicating with sales reps and customer service reps at Theprintwave.com about job specific information, before during and after an order proceeds through the Theprintwave.com production process. Theprintwave.com is not responsible for relaying any communication that is done between our employees and our customers as it relates to an order and pertinent and vital information with any and all job details, if it is not physically stated within the customers personal account under that specific order number.
It is the customer's responsibility to place ALL pertinent and vital details in their specific order, and that is the only information that Theprintwave.com is responsible for following, since the production process we undertake is solely relying on the information that clients give us in an order. All client orders are viewable by clients 24/7! and all information in those orders are viewable 24/7. Messages can be left in all orders by clients 24/7 to communicate with Theprintwave.com about ANYTHING that is vital to producing the clients order to their satisfactions, and this is the only information that Theprintwave.com is responsible for following, and the only information that each and every client can hold us liable to follow.
If you cancel, your account will be credited less a 5% cancellation fee (this percentage will be based on the total order amount). Once we have sent you a PDF online proof, you can cancel your order but you will be charged a $35 administrative fee, plus the 5% cancellation fee. After you have approved your PDF online soft proof we cannot offer a refund and must bill your credit card the full order amount. This is because we will immediately send your job into pre-press production, once you approve the proof. All transactions and approval stages in our order entry process are recorded and time stamped in your customer account section.
Over's and Under's:
We pride ourselves in shipping more than the client ordered on most occasions. We stand by a standard of 5% over or under the quantity ordered as acceptable delivery. The printing industry standard is 10%. If we ship extras they will be FREE to you. If you are doing a direct mail campaign that demands an exact count, please make a notation in your order in the notes section stating you cannot accept less than your ordered quantity.
A credit card is the payment method accepted for all initial orders. Theprintwave.com takes great pride in its method of security and on-line ordering communication with our clients. Rest assured, your order is 100% secure and your credit card information is safe with our on-line e-commerce system. We have chosen Godaddy SSL encryption for your credit safety.
Personal or Economic right:
The customer also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or their personal or economic rights. The customer will, at the customer's sole expense, promptly and thoroughly defend Theprintwave.com in all legal actions on these grounds as long as Theprintwave.com.
Promptly notifies the customer of all legal action; and
Gives the customer reasonable time to undertake and conduct a defense.
Theprintwave.com reserves the right to use her/his sole discretion in refusing to print anything she or he deems illegal, libelous, scandalous, improper, or infringing upon copyright law.
Theprintwave.com refuses to print or promote any form of pornographic images or nudity. Theprintwave.com also reserve the right to reject orders that contain the strong use of written foul language and swear words, which is considered offensive to the general public.
The printwave.com Production Schedules:
Production schedules will be established and followed by both the customer and Theprintwave.com. In the event that the customer does not adhere to the production schedules, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of Theprintwave.com. In such cases schedules will be extended by an amount of time equal to the delay incurred.
We go through a very rigorous process to try and ensure that each and every item that leaves our facility meets the highest quality standards. If you receive merchandise that is defective or damaged upon receipt, please notify us within 24 hours of receipt of your order. If it is determined that we are at fault, we will have UPS pick up your entire project, reprint the job, and ship it back within 48 hours. You will only be charged for the initial order and no additional shipping charges. If you can only send back a partial order, we will only reprint the portion returned and we will not make any changes to the print file we will only use the original file uploaded.
Ship dates are established from the time Theprintwave.com. receives proof approval and are shipped using ups we are not responsible for any errors that are made from UPS.
Shipping to P.O. Boxes:
Theprintwave.com does not ship to P.O. boxes. If you place a P.O. Box in your shipping information we will notify you and this may delay your order so please note we do not ship to P.O. BOXES.
To determine your products turnaround time, please go to that specific product's page and look for the "TURNAROUND TIMES" listing, below the pricing matrix. Any job that requires special bindery services such as: folding, scoring, and/or perforating, adds one additional day to the turnaround times that we are able to ship your products in.
*(should more items listed in bindery info in the above mention, such as, die cut, drill hole, fold etc) Click Here to determine how long it will take to receive your product via UPS GROUND Shipping, by reviewing the United States Map showing the (5) five different colored UPS Shipping Zones - Business days in transit from one of our production facilities.
SALES TAXAll Ohio residence will be subject to sales tax. If your company is tax exempt, your tax exempt form must be faxed to 440-638-6993. You may mail the exempt form to the following address.
P.O. Box 361006
Strongsville, OH 44136
You certify that you own the rights to use the image(s) being reproduced on your order.