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TERMS AND CONDITIONS
By placing an order the customer is agreeing to all
Notation’s terms and conditions. Notation may change,
modify, add, or remove portions of this policy at any time,
and any changes will become effective immediately upon being
posted, unless otherwise noted.
- Quality Standard:
Notation makes every effort to produce a quality product that is a reasonable
representation of the customer's job based on the supplied materials, approvals
and specifications. However, note that Notation does not guarantee color matching.
Thus, defects due to color matching cannot be honored.
- Quotations/Estimates:
Prices posted on catalogs, advertisements and websites are subject to change
without notice. The prices on quotes are based on the specifications given
and are subject to change if specifications are altered. Order will not be
placed until we receive acceptance of the prices and conditions stated.
Written quotes are valid for 30 days and must be re-quoted if accepted
after the 30 day period.
- Accuracy of Specification:
Quotations are based on the accuracy of the specifications provided. Notation
can re-quote a job at the time of submission if the art does not conform to
the information on which the original estimate was based. Orders placed with
Notation are to the customer's knowledge correct, and there are no conditions
or agreements relating to the orders that are not written or accompanying the
said order.
- Payment Terms:
Unless prior terms are made in writing, all customers must pay at least 60%
up front on all orders. Clients who have their order dropped ship must pay
in full upon order approval. We reserve the right to place the customer's
job on hold if the credit card declines or if we are waiting for payment
via check.
- Orders:
Notation reserves the right to use its sole discretion in refusing to
print anything it deems necessary, improper or known to be illegal or
violates our family friendly policy. Notation is not liable for any
damages resulting from unwitting violation of copyright laws or illegal
use of trade names or slogans. The customer guarantees the legal title
of all matter submitted to Notation for printing and/or publication.
- Customer Submitted Artwork and Designs:
All artwork, designs, and images must be provided in specified format.
Notation is not responsible for any color shift that occurs from the
customer's supplied art. All artwork, designs, and images must be provided
at minimum of 300 DPI. Notation is not responsible for images printed as
fuzzy, distorted, or pixilated due to customer provided artwork.
- Designing Files:
Orders placed, which includes Notation design, must be fully approved by the
customer. Notation is not responsible for any errors once the file is approved.
Notation does not provide any original design files. Orders that include
design files must be paid in full prior to beginning work. No refunds or
credit will be issued for cancellations once artwork has been created;
this includes artwork completed before being sent to customer for approval.
- Turnaround:
Notation does not guarantee any turnaround times due to the many variables
throughout the process.
- Cancellations:
All sales are final. The customer is not able to cancel a job anytime after
the order has been sent to production. Any refunds or credits are evaluated
on a case basis determined by that project's process status.
- Alterations/Corrections:
Customer alterations must be specified in writing and must include all
corrections or changes from the original specifications. Such work will
be charged at our current rates.
- Proofing:
When a proof is approved the customer is agreeing that spelling, dates,
phone numbers, and layout are ready to print. Notation is not responsible
for any errors once the proof has been approved. Only persons indicated on
contracts, invoices, and forms may approve and receive orders. All other
persons will be refused without written consent from original customer.
Accuracy of proof is based on the type of proof contracted. Notation is
liable for any differences from the final product. It is the client's
responsible to indicated what level of proofing is necessary for their
project. Proof methods vary and may incur extra fees and turnaround
time.
- Overruns/Under Runs:
Customer is responsible for all overruns and will be charged accordingly.
- Claims:
Claims for defects, damages, or shortages must be made by the customer,
in writing, no later than 10 calendar days after delivery. If no such
claim is made within the 10 days, Notation and the customer will understand
that the job has been accepted. By accepting the job, the customer
acknowledges that Notation’s performance has fully satisfied all
terms, conditions and specifications.
- Liability:
Notation liability shall be limited to the stated selling price to the
customer of any defective goods, and shall in no event include special,
consequential, incidental, indirect or similar damages, including without
limitation, lost profits. Notation warrants that every product manufactured
meets industry standard for such product and is free of any material defect
in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL
WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. Notation makes
no other warranty and no actions or words of Notation or its officers,
employees or agents shall constitute a warranty or guarantee.
- Indemnification:
The customer represents that it has the legal right to produce all printed
materials ordered and /or designed from Notation. In the event that a charge,
claim or demand, or arbitration, action or proceeding (collectively, a "Claim")
is made or commenced against Notation based upon, relating to or arising
from the alleged wrongful acts of the customers, or alleging that the printing
performed or product produced by Notation ordered by the customer: (a.)
infringes any copyright, patent or other proprietary right of any person;
or (b.) contains matter that is libelous, slanderous, defamatory, scandalous
or obscene, the customer shall indemnify and hold Notation harmless from and
against any loss, damages, cost and expense arising from or related to the
Claim including without limitation; (1.) defending Notation against any such
Claim (2.) paying any judgment or award against the customer; and (3.)
reimbursing Notation for any legal fees and expenses it reasonably incurs
in responding.
- Customer Content:
The customer understands that all information, data, text, photographs, graphics,
messages or other materials ("Content") are the sole responsibility of the
person from which such Content originated. This means that the customer, and
not Notation, is entirely responsible for all Content that the customer submits,
sends, uploads, posts, transmits or commissions. This includes material submitted
for Notation design services, in part or in full. The customer agrees to comply
with all rules and laws regarding acceptable Content. The customer agrees to not
use the service to send, upload, post, print or otherwise transmit any Content
that contains (i) child pornography or anything indecent, obscene, lewd, lascivious,
filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure
the personal property or reputation of another person, a threat to accuse any
person of a crime, a threat to inform another that a person has violated any
law of the United States, or a threat of blackmail; (iii) any matter advocating
or urging treason, insurrection, or forcible resistance to any law of the United
States; (iv) any defamatory remarks directed at any other person or company; or
(v) any content that infringes the intellectual property rights or other proprietary
rights of Notation or any third party. Notation does not control the Content
submitted by customers and does not guarantee the accuracy, integrity or quality
of the Content. Under no circumstances will Notation be liable to the customer
in any way for any Content the customer may be exposed to that may be found
offensive, indecent or objectionable. Products and services are provided for the
customer's personal use only. The customer agrees to abide by these terms of
service and not to use these products and services or related messages for any
unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation.
The customer agrees that they will be responsible for all orders placed. The
customer acknowledges that Notation does not pre-screen Content, but that
Notation and its affiliates shall have the right (but not the obligation) in
their sole discretion to remove any Content that violates the terms of service
or may otherwise be objectionable. The customer further acknowledges and agrees
that Notation may preserve Content and may also disclose Content if required to
do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the terms of
service; (c) respond to claims that the Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Notation, its users, and
the public.
- Family Friendly Commitment:
Notation is committed to a family friendly motto. This means that we will not
print, imprint or service projects directly or indirectly relating to the following:
(i) dating or anything related to sexual themes (ii) anything related to alcohol or
drugs (iii) witchcraft, satanic, divination, fortune telling, astrology, numerology,
or magic arts (iv) violence (v) anything Notation deems inappropriate, offensive,
damaging to the business reputation and ethics.
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