Terms and Conditions
LAST UPDATED: JANUARY 29, 2021
Once you are on PrintMagic site, you are forming a legally binding contract with PrintMagicand its Subsidiaries, for products or services, and you also agree to be bound by the following Terms & Conditions.
PrintMagic and Subsidiaries reserves the right to update our Terms and Conditions without notice.
Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR-FREE.
As a condition of your use of certain services offered through the Website, you may be required to register an account with us and in doing so, must provide true, accurate, and current account information at all times. You agree to promptly update your membership information (if applicable) in order to keep it current, complete, and accurate.
Account Security: You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. Should an unauthorized user gains access to the password-protected area of the Website as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
We expressly reserve the right, at our sole discretion, to terminate a user’s account or their access to any or all areas of the Website due to any act that would constitute a violation of these Terms & Conditions.
You are solely responsible for the content and context of any materials you post or submit through the Website. You warrant and agree that you will not upload, post, transmit, distribute or otherwise publish through the Website any materials which: (i) are unlawful, harassing, threatening, or profane; (ii) limit or inhibit any other user from using or enjoying the Website; (iii) constitute or encourage or facilitate conduct that would constitute a criminal offense or give rise to any civil liability; (iv) contain a virus or other harmful malicious code, or (v) contain any false or misleading indications or origin or statements of fact.
You may only use this Website to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Website to make any speculative, false, fraudulent, or ill-intending Requests. You may not use robots or other automated means to access this Website, unless specifically permitted by PR. You represent that you are of adequate legal age to create binding legal obligations for any liability you may incur as a result of your use of this Website.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that, even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
You may electronically copy and print in hard-copy portions of this Website for the sole purpose of using this Website as a shopping or printing resource. Any other use of materials or Content on this Website, including reproduction for a purpose other than that noted above, without our prior written consent, is prohibited.
In addition to the foregoing and in consideration of being allowed to use the Website, you agree that the following actions shall result in a material breach of the Terms & Conditions:
- Collecting information about the Website or users of the Website without our explicit written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, filtering, truncating, injecting, or changing any content or information contained in the Website, without our explicit written consent;
- Using any deep-link, page-scrape, index, robot, crawl, spider, macro programs, click spam, Internet agent, or other automatic device, program, algorithm or methodology which does the same or similar things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
- Disguising the origin of information transmitted to, from, or through the Website;
- Accessing or using the Website for competitive purposes;
- Impersonating another person or entity;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use the Website;
- Using the Website for any purpose in violation of local, state, national, international laws; or
- Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others.
User Comments, Feedback, and Other Submissions
All suggestions, comments, feedback, and ideas submitted or offered to a Covered Party in connection with your use of PrintMagic Site shall become and remain the exclusive property of PrintMagic. The Comments may be used by the Covered Party in any medium and purpose worldwide, without obtaining your specific consent. No Covered Party is under any obligation to maintain your Comments (and the use of your first name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You also agree that you will be solely responsible for the content of any Comments you make.
User access may be terminated or suspended at any time to all or part of this Site, without notice and for any reason.
You as a user acknowledge that all content included on this PrintMagic Site, including, without limitation, the information, data, software, photographs, graphics, images, illustrations, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of PrintMagic and/or various third-party providers (“Providers”). Storage or reproduction of Content retrieved from this PrintMagic site, in all forms, media and technologies now existing or hereafter developed, is subject to the United States “Copyright Act of 1976” Title 17 of the United States Code.
Corporate Identification and Trademarks
“PrintMagic”, “PrintMagic.com”, and any and all other marks appearing on this Site are trademarks of PrintMagic in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way without PrintMagic’s prior written consent. The use of Trademarks on any other Website/network computer environment is prohibited. PrintMagic prohibits the use of Trademarks as a “hot” link on, or to, any other Web site unless establishment of such a link is pre-approved by PrintMagic in writing.
Copyright Notices for Materials on the Website
If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (c) statement that you, the complaining party, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (e) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mail Address: firstname.lastname@example.org
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PrintMagic, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT WHICH ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All prices displayed on the PrintMagic website are cited in U.S. dollars. PrintMagic will add shipping and handling fees and, if applicable, sales tax. PrintMagic reserves the right to discontinue/change specifications and prices on Print and promotional merchandise and services offered without prior notice and without incurring any obligation to the customer. PrintMagic has the right to refuse service, terminate accounts or remove/edit content.
PrintMagic shall not be liable for any act beyond its reasonable control, including, but not limited to, acts or negligence of third parties, unavailability of supplies, strikes, lock-outs, war, fire, flood, or any other Act of God, any law, regulation, or other act or order of any court or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
PrintMagic is not responsible for any typographical errors.
You agree to defend, indemnify and hold harmless PrintMagic and itsaffiliates from and against any and all claims, damages, costs and expenses, including attorneys fees, related to your use of the Site. You also certify that you own rights to or have a license to use the images being reproduced as part of your order.
If you use this Site to submit Requests, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products and services acquired through this Site, including all rules and restrictions applicable there. Each User using this Site on behalf of the third party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims, relating to the Third Party’s or the User’s failure to fulfill any of its obligations as described. The User is directly responsible for any Request submitted, including related fees and charges.
We always encourage you to share your comments, feedbacks, and questions with us, but we may be not able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like the product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future PrintMagic programs. Also, please remember that you are responsible for whatever material you submit and that you, not PrintMagic, have full responsibility for any message that you send, including its reliability, originality, and copyright. Please don’t reveal confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of PrintMagic.
These Terms & Conditions are only for convenience and do not, limit or otherwise define the terms and provisions of these Terms & Conditions. None of the Covered Parties are responsible for any errors/delays in responding to any request caused by an incorrect email address provided by you or any other technical problems which are beyond their control.
The internal laws of the State of California shall govern the performance of these Terms & Conditions, without regard to such states conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in San Francisco, California for all disputes arising out of, or relating to, the Terms & Conditions and use of this Site.
Except as explicitly stated otherwise, any notices shall be given by email to PrintMagic at email@example.com or to you at the email address you provide to PrintMagic. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
We can be reached via email at firstname.lastname@example.org; or by telephone at 888.391.0199
Order Terms and Conditions
The fees for PrintMagic products and services, which include the cost of design, processing, printing, shipping, mailing, postage, handling, and any other charges applicable, are due and payable together with the submission of an order. PrintMagic requires pre-payment on all orders. All postage related fees must be prepaid. Any excess postage is refunded after mailing is done for mailing jobs. Any amount due to PrintMagic, which is not paid, may result in non-delivery of the order, and interest charges as 2% per month on late payments.
PrintMagic payment methods include any of the following methods:
- Pay by credit card
- Pay by debit card
The soft proof will be completed within one business day once the print-ready files have been uploaded to the order. The customer can view it on the my job page and also will be notified by email.The soft proof represents the design layout, accuracy in text, image placement; it is not meant for reviewing color density or accuracy.
To start with the production, it is required from the customer end to approve the online proof.
Artwork is sent for customer approval. Feedback given is incorporated and new version of artwork is sent for approval again. If we do not get a response from customer within 24 hours after sending artwork for review, the artwork gets auto approved and sent for production.
Any changes to artwork must be in writing. PrintMagic will not proceed with verbal corrections or approvals. Once artwork is approved by the customer, we are not responsible for issues related to design, grammar, color and more.
PrintMagic prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we always recommend you proofread all files carefully before submitting to PrintMagic.com. PrintMagic.com is not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to PrintMagic.com, you certify that you have the right to use the image(s) in your artwork files. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork. After pre-press checks, print-ready artwork mock-up is sent for customer approval. Feedback given by customer is incorporated and new version of artwork is sent for approval again. If we do not get a response from customer within 24 hours after sending artwork for review, the artwork gets auto approved and sent for production.
The turnaround time selected by the customer begins only after an online proof approval by customer. Please make a note that production facilities are closed on Saturdays, Sundays, and on Holidays. Your selected turnaround time does not include pre-press artwork preparation time, your artwork approval time, shipping time, mailing handling time and these durations should be taken into consideration when choosing your production turnaround and method of shipping to meet your desired In-Hand date.
Printing turnaround for approved orders is guaranteed. If your deadline is not met due to a production delay, our policy is to auto-upgrade shipping to meet desired in-hand date. Only orders with written instructions regarding a specific ship date and desired in-hand date will be considered this auto-upgrade provision. The date requested, however, must be achievable with the selected print turnaround time.
Cancellation of Orders
Cancelled orders require compensation for incurred costs and related obligations:
- If no work has been done on your order, a full refund or store credit will be issued after deductions of Merchant Transaction Fees. The merchant transaction fees may be up to 3% of the order total amount.
- Once your order for any Product in Promotional Category is placed, Order Cancellations are charged with the service fee of $25 plus any production charges incurred at the time of cancellation. Production charges include artwork charges, logo setup charges, embroidery charges, re-stocking fees, etc. The Cancellation charges are in addition to the Merchant Transaction fees incurred for the payment transaction.
- If Graphics and Design work has been done on order to prepare files for printing, and a mock-up has been shared for customer approval, a design / file preparation fee will be charged and balance amount, minus the merchant transaction fees is refunded.
- Once an order has been “ARTWORK APPROVED” and has entered the production cycle, order cannot be cancelled, and refunds are no longer possible.
- If an order is not completed within 30 days of being placed due to customer’s delay that customer has communicated in writing, on phone or chat, it will be put On-Hold by PrintMagic, till customer contacts PrintMagic with further processing action.
- Although PrintMagic does archive files for re-orders, please retain a back-up copy of your Artworks. PrintMagic DOES NOT guarantee that all submitted files will be saved.
PrintMagic Products Production & Quality Satisfaction
PrintMagic will meet print industry standards regarding color and quality. The color accuracy for reproduction is guaranteed within a minimum of 90% closeness of the proof approved. PrintMagic accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product they represent because of the limitations in printing, color transactions, different color profiles, how colors appear on different substrates (glass vs. Paper vs. Plastic etc.). Each substrate absorbs and shows same color slightly differently that is inherent to all printing processes.
Customers must provide print-ready files suited to the offset printing process. Vector artworks are preferred and required for certain printing applications. Customers are 100% responsible for all text and layouts. Furthermore, PrintMagic is not responsible for errors and omissions in artwork supplied by the customer or edited by PrintMagic on request by the customer.
Clients must provide all full color printing images in CMYK format. PrintMagic is not responsible for the color shift that occurs in conversions from RGB & Pantone to CMYK color modes. Orders requiring spot colors must be created using PMS colors.
Over-runs for PrintMagic follows the industry standard of +/- 10% regarding over-runs. Overruns not to exceed 10% of the quantity ordered shall constitute an acceptable delivery. If you receive more prints than you ordered, these are complementary extras that are sent to you at “no charge”, except for Custom Orders where PrintMagic will share with you the price for over-runs that we must do in order to meeting production requirements.
PrintMagic will contact the customer (by e-mail or by phone) when errors are detected in supplied files. The customer will be alerted to the issue and given the following choices:
- Any issue in artwork and order.
- Resubmit a corrected file.
- Customer verification and confirmation
- Payment Pending
PrintMagic File Submissions
While our pre-press team checks for issues and alerts customers about them during proof approval, certain circumstances or file issues are beyond our control and are not covered. Please note that we cannot be responsible for:
- Spelling, punctuation, and grammatical errors
- Low resolution or low-quality graphics and images
- Damaged fonts
- Transparency issues
- Overprint issues
- Artwork files that are not created following our specifications
- Variances in color from the conversion of Pantone or RGB colors to CMYK
- User-selected options errors such as size, quantity, paper, and finish
- Any Duplicate orders submitted by the User
- Incorrect files upload
- Wrong file orientation
- Cracks on folds
- Cutting variances – 1/16” cutting variance on edges is considered acceptable production tolerance for print jobs.
- Incorrect or undeliverable shipping address
- Damage to products after delivery to User.
Shipping and Delivery
- Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you. These situations may incur addition return shipping, re-shipping and handling charges plus cause undue delays.
- Damage to the products arising after delivery to you.
- The Satisfaction guarantee doesn’t apply to ship claims. We will reprint orders damaged or lost by the shipping carrier.
- We reserve the right to have you return the original order before reprinting or refunding your order.
- In case of any product returns or cancellations, the Credit Card / Merchant Transaction fees won’t be refunded.
- We are not responsible for any damages or claims incurred by you or your business caused by receiving printed or promotional materials which are defective or incomplete or which you received later than the estimated promised delivery date.
Our Sales Tax Policy
PrintMagic is required to collect and remit sales tax in all US jurisdictions that administer such tax.