TERMS AND CONDITIONS
Welcome to the 562 Graphics 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 and direct purchasing from 562 Graphics.
Payment of your invoice represents an understanding and acceptance of the terms described herein. 562 Graphics undertakes to provide all services under these terms. 562 Graphics undertakes to notify the customer of all required turnaround times to meet estimated due dates. The customer is responsible for meeting these deadlines in order to meet estimated due dates. 562 Graphics is not responsible for missed product delivery dates as a result of delays in customer response times or unplanned work requested by customer.
By using our Website or by placing an email/phone/in person order - 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 or direct order from 562 Graphics 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, request a quote or place an order with 562 Graphics.
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 or direct contact with 562 Graphics still binds you to the Agreement. Since we may revise the Agreement at any time, we recommprend that you visit these pages periodically to review the Agreement.
ORDER CANCELLATION POLICY
Orders that are cancelled are subject to a cancellation fee based on the current production status of your job. The fees are as follows:
$50.00 — PRIOR to a proof being sent
$50.00 — AFTER a proof being sent, but PRIOR to customer approval
No refunds on Graphic Design regardless of the stage of completion
No refunds on Stock Images
NO REFUND — there will be no refunds of any kind AFTER a job has been approved.
Orders cancelled prior to approval will be charged the pricing due on the jobs current status PLUS the cancellation fee above. The customer will receive a house credit in the amount remaining on the invoice.
ALL REFUNDS WILL BE IN THE FORM OF IN-HOUSE CREDIT!
PROOFING FEES
Every job requires a PDF proof per version. Unless otherwise stated, the following proofing fees apply:
- Proof Level 1 – $10 - 1 PDF proof, preflight job, crop marks added
- Proof Level 2 – $25 - 1 PDF proof, preflight job, crop/bleed marks added, simple bleeds added
- Proof Level 3 – $50 - 1 PDF proof, preflight job, crop/bleed marks added, simple bleeds added, minor artwork adjustment AS PRE-APPROVED
- Proof Level 4 -- $75 - art supplied without final copy: Copy insert, add bleeds if needed, crop marks, preflight, 1 electronic proof. Under Proof Level 4, we will not proof out the files until final copy is supplied. Any further changes will then fall under Graphic Services.
OTHER FEES
Jobs may be subject to other fees as follows:
$50.00 — Additional Epson proofs (per 8.5" X 11", per side ). $100.00/hour — Approved artwork alterations; 1/2 hour minimum. $50.00 — Alteration of any file after proof approval, before printing "Re-Rip". (Multi-page products like catalogs subject to higher rates) $10.00 — PDF proof on Business Card jobs Stock Images – are additional, prices range from $15 - $450 This is not an exhaustive list; other fees may be incurred in special circumstances
GRAPHICS
Layouts, Templates, Proofs, Samples, Art, Graphics, Graphic Design and any other digital or printed media are the property of 562 Graphics - unless purchased outright and separately from 562 Graphics on an separate invoice at FULL RETAIL PRICE There are no refunds on Graphic Design Services, regardless of the stage of completion All Graphic Design / Graphics Services / Digital Art remains the property of 562 Graphics, unless and until the customer pays the full retail price We offer graphic design services to assist customers with their printing job. Our graphic design services are discounted over 300% for printing at 562 Graphics only Customers requesting their art will be invoiced separately for the difference between the retail price of the graphic design work and the discounted price paid. After the invoice is paid, the customer will receive art Unless otherwise specified/negotiated – Retail graphic design pricing starts at $350 Files will be in outlined unassembled PDF’s only Art will be simple PDF’s only – without crops, bleeds or formatting of any kind
GRAPHIC SERVICES
Automatically charged at $100/hour pro-rated by the quarter hour for any changes requiring additional electronic proofs. Including, but not limited to: new/additional photos, new/revised copy, layout changes (moving photos around under specific instructions). We reserve the right to change Graphic Services fees to Graphic Design fees if the requested changes affect the appearance of more than 25% of the final product (e.g., if changes to layout of a 4-page brochure require adjusting for text reflow on more than half a page). We offer graphic design services to assist customers with their printing job. Our graphic design services are discounted over 300% for printing at 562 Graphics only
GRAPHIC DESIGN
562 Graphics offers Flat Rate Graphic Design on most projects. Design pricing is project dependent and will be quoted on a project by project basis. Graphic Design includes, but is not limited to
Design from scratch Changes to supplied design/layout: $100/hour pro-rated by the quarter hour for layout, design changes, addition or removal of any item, copy changes and any other alterations listed or not listed here.
Flat Rate Graphic Design pricing will specify number of rough designs and revisions that are included. Additional roughs or revisions can be purchased and will be priced on a per project basis. It is offered entirely at the discretion of 562 Graphics and can be revoked at any time without refund.
We offer graphic design services to assist customers with their printing project. Our graphic design services are discounted over 300% and are for the printing at 562 Graphics only
GENERAL INFORMATION
Any original media (discs, pictures, slides, proofs, etc.) are non-returnable and become our property unless pre-arrangements are made. Preferred file type is Adobe PDF. Acceptable applications for Mac & PC include (but are not limited to) Quark Xpress, 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, Microsoft Word, Microsoft Powerpoint. For best results, all rasterized files should be converted to CYMK. All fonts must be included or embedded. Images must be flattened with CMYK in TIFF or EPS format. Proofs will be e-mailed or shipped out 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 INVOICE. Customer credit card will be charged upon placement of order.
CUSTOMER SUPPLIED HARDCOPY 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
Please note that 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 that proofs are created in a different way than the printed piece (ink, paper stock, registration, line screens, etc.) Also note that the customer art/proof may not closely match our proofs or the printed piece either for the same reasons, and because the customer supplied art/proofs are not calibrated to our presses.
RIGHT OF REFUSAL
We reserve the right to refuse service or products to any person or organization
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.
Your 562 Graphics order represents an understanding and acceptance of the terms described herein. 562 Graphics undertakes to provide all services under these terms. 562 Graphics undertakes to notify the customer of all required turnaround times to meet estimated due dates. The customer is responsible for meeting these deadlines in order to meet estimated due dates. 562 Graphics is not responsible for missed product delivery dates as a result of delays in customer response times or unplanned work requested by customer
TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE!
PICK-UP AND DELIVERY
Local pick-up is available at 14057 Paramount Blvd., Suite A, Paramount, CA 90723 between the hours of 9:30 am - 6:30 pm Monday - Friday.
DELIVERY
Orders will be sent either UPS or GSO. Shipping time is in addition to order turnaround.
TOLERANCES
Printing, folding and trimming tolerances in offset and digital printing and bindery are - movement of up to 1/16-inch is considered acceptable. That is, such an error is acceptable or within industry tolerance.
In offset and digital printing - paper moves in the printing process even on our latest-state-of-the-art equipment.
Trimming, folding and binding can also have movement. From 1/32-inch to 1/16-inch in bindery is considered acceptable.
Avoid the need for precise folds and trims. Avoid crossovers from page to page. Avoid borders.
Avoid a precise border box around a page. It may or may not result with equal clearance on all sides once the job has been printed and trimmed.
Designing precise folds within a brochure, expecting everything to line up exactly from panel to panel when the brochure is trimmed and folded, can be produce unexpected results. Avoid the need for precision alignment whenever possible, ensuring a quality product, despite equipment limitations.
Let us help you! Involve us early in the design process, we can provide suggestions on how to make your design compensate as much as possible for the limitations of printing presses and bindery equipment.
PROPERTY RIGHTS
Unless otherwise noted, all written and/or other materials that are part of our Website, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. Our trademarks, logos and other trademarks on our Website are the property of their respective owners and are owned by, licensed to, or, where required, used with our permission, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
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 other downloadable 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 material 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 intellectual property. You agree that if we, in our sole and unfettered discretion, requests in writing that you remove any link 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 to and use of our Website, or any part thereof, with or without notice.
USE OF ARTWORK
You understand and agree that we license photos and other artwork, hereinafter referred to as Images, from various Licensors and/or Copyright Holders. We are licensed to use the Images as permitted in their respective license(s). These Images are used in our design online templates, hereinafter referred to as Templates. You are required to comply with the limitations on how the Images and/or Templates can be used.
YOU MAY NOT
Use Images and/or Templates together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party's trademark or intellectual property rights.
Use the Images and/or Templates in a way that places any person depicted in the Images and/or Templates in a bad light or in a way that they may find offensive - this includes, but is not limited to, the use of Images a) in pornography; b) in advertisements or promotional materials for tobacco products; c) in advertisements or promotional materials for adult entertainment clubs or similar venues, or for escort services; d) in advertisements or promotional materials for dating services; e) in connection with political endorsements; f) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products, if the use implies that the depicted person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
Use any Images and/or Templates (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.
Falsely represent, expressly or by way of reasonable implication, that you or a person other than the copyright holder(s) of the Images and/or Templates created the Images and/or Templates.
We are required to provide Licensors and/or Copyright Holders with the names of the users who access Images and/or Templates. By signing below, you are also confirming that you understand this and are granting us permission to provide your name and contact information as may be required. In the event that anything in this section contradicts any of the agreements or licenses we have with Licensors and/or Copyright Holders regarding the Images and/or Templates, the terms of those agreements shall govern.
If you use Images and/or Templates in any way prohibited above or in any agreements between us and Licensors and/or Copyright Holders it will result in liability in accordance with the terms of our agreements with Licensors and/or Copyright Holders.
NO WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF 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"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail 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 e-mail on our behalf, including promotions and/or advertising of products or services, is expressly prohibited. 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 on 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.
KID’S PRIVACY
Our Website is intended for use by individuals 13 years of age or older. Our Website is not directed to children under the age of 13. Users under the age of 13 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 AND 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 other third party using our Website is not confidential. By submitting any solicited or unsolicited information using our Website, you grant to 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 our company.
INDEMNITY
You agree to indemnify, defend and hold us harmless, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement. You specifically agree to defend, indemnify, and hold us harmless from any and all claims arising from the improper use of trademark, copyright, or other protected material, including but not limited to the use of a union bug.
THIRD PARTY WEBSITES AND 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, and 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. The 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 AND OTHER TERMS
Our Website is created, operated and controlled in the state California, in the United States of America. The laws of the State of California 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 California, County of Los Angeles and/or Central District of California 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 it 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 printed form.