FLYERLAB TERMS OF USE AGREEMENT (TOUA)

Please read these Terms of Use carefully.

These Terms of Use Agreement sets forth the standards of use of the FLYERLAB Online Service (FLOS). By using FLOS the customer/client (the "USER") agree to these terms and conditions. If the USER do not agree to the terms and conditions of this agreement, the USER should immediately cease all usage of FLOS. FLYERLAB reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at FLYERLAB website. The continued use of the Service, after amendments are posted, constitutes an acknowledgement and acceptance of the Agreement and its modifications.

These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.FLYERLAB reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

INDEX


  1. Change Orders
  2. Turn Around Times
  3. Art Resolution Requirements
  4. Bleed and Caution Margin Requirements
  5. Color Space Conversion
  6. Blacks/Rich Black
  7. Batch Printing
  8. Reprints
  9. Refunds and Cancellations
  10. Overuns and Underruns
  11. Marketing Promotions and Discount Codes
  12. Shipping
  13. Email Notifications
  14. Transfer of Title
  15. Disclaimer of Warranties
  16. Limitation of Liability
  17. Indemnification
  18. Right to Refuse Service
  19. Modifications and Interruption to Service
  20. Third-Party Sites
  21. Disclaimer Regarding Accuracy of Vendor Information
  22. Governing Jurisdiction of the Courts
  23. Compliance with Laws
  24. Copyright and Trademark Information
  25. Reproductions of Currency
  26. Botnets
  27. Other Terms

DETAIL


  1. Change Orders: Any jobs that have been approved or "sent to PRINT" cannot be altered or changed due to the automated process that results from the use of the FLOS action. If a request is made for a job to downgrade, including but not limited to turn around time, quantity, shipping method etc, before the digital proof is approved, a change order fee of R 150.00 will be paid prior to any changes.
  2. Turn Around Times (3-5 business days): Turnaround times begin ONLY when the following criteria have been met:
    1. The order has been entered, processed and transaction approved through FLOS
    2. Payment has been received in the FLYERLAB bank account
    3. Artwork has been uploaded and approved and accepted by FLYERLAB
    4. The FLYERLAB graphics designer is entitled to stop the job as having SUSPECT ART if it is believed that the artwork has any defects (i.e. low resolution) that will cause it to print unsatisfactorily. In this event, the USER will receive communication notifying of the defects, and the job will be put on hold until a re-submitted and re-approved new art are provided. While a job is on hold in this manner, the production clock is ON HOLD. FLYERLAB is not responsible for expediting the order if time is lost as a result of the USER's failure to meet production design requirements
    5. Production delays, weather conditions and mechanical malfunctions, etc. can sometimes cause jobs to ship late. In the event FLYERLAB ships a late job, the price difference between the requested and actual print schedule will be credited back towards the client's account. FLYERLAB is not responsible for upgrading the shipping method to accommodate a missed estimated ship date. USERs may upgrade the shipping method prior to the job actually shipping at their own expense. Cancellation of a job or entire order based on turnaround time is permitted ONLY if a USER Service Supervisor agrees to these terms in writing as a condition during order entry. If the USER have a time-sensitive job, please be sure to notify USER service.
  3. Art Resolution Requirements: The USER must provide at minimum 300 dpi high resolution images suited for offset printing. FLYERLAB is not liable for images printing as bitmaps as a result of the USER providing low-resolution images.
  4. Bleed and Caution Margin Requirements: The USER must include symmetrical bleeds for designs which have content extending to the trim line. Important content from the caution zone must be excluded, defined by the inner bleed lines margin to the trim lines. FLYERLAB allows for a 1-2mm tolerance for error with each printing process, therefore adherence to bleed and caution margins are important to image fidelity.
  5. Color Space Conversion: FLYERLAB is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. For best results, always using CMYK colorspaces when creating the USERartwork.
  6. Blacks/Rich Black: Full color jobs that contain large solid areas of black ink should have the black set up as CMYK black (60, 40, 40, 100). FLYERLAB will not be liable for printing a consistent, solid and rich black if artwork is not set up to this specification (rich black should not be used for text).
  7. Batch Printing: FLYERLAB makes use of a batch printing process: A batch-run is the method of producing print jobs for clients that lowers costs by printing several print jobs together on the same print run, thus spreading the cost of the printing amongst all jobs on the sheet. ALL batch run printing is subject to a 10% color variance. If a job is color critical, then the necessary attention it needs cannot be attained in a batch-run format. Therefore, the job must be printed by itself without the discounted price of batch printing. Color critical jobs require a dedicated run where the PRINT is calibrated specifically to that run and job rather than a batch-run with other print jobs.
  8. Reprints: The USER must notify FLYERLAB within 1 business day of order delivery to report any defects discovered in the ordered product. 100% of the product should be returned to FLYERLAB at the USER's expense within 5 business days from the date of delivery. Should the claim be approved by FLYERLAB, a reprint at no cost will be shipped to the USER using the original shipping method.
  9. Refunds and Cancellations: All sales are final. No refunds are available on orders.
  10. Overuns and Underruns: Over-runs or under-runs will not exceed 5%. If a job is short, FLYERLAB will prorate the missing quantity in the form of a credit toward future orders or at our discretion a reprint of the missing amount will be allowed for jobs missing 500 or more pieces.
  11. Marketing Promotions and Discount Codes: Please note that all prices and specifications are subject to change without notice. Check www.FLYERLAB for updated online advertised price. Qualifying purchases should be placed online along with the code and paid in full before the promotion expiration time. Offers are not valid for previous purchases. Non-shipping related promotions apply to printing charge only; custom quotes, mailing postage, shipping charges and sales tax, etc. is excluded from offer discounts. One discount code per order only, promotions or credits cannot be combined.
  12. Shipping: FLYERLAB DO NOT ships products unless specifically arranged and paid for. Once a package has been shipped, FLYERLAB will not be responsible for any late or damaged packages. Delivery dates are not guaranteed and may include extra transit time in case of unforeseen delays. No refund on shipping charges will be made on any job once it has shipped.
  13. Email Notifications: If the USER uses an address with an email filter that requires each sender to fill out a form, the USER may not receive our automatic notification messages. FLYERLAB is not responsible for automated email notifications that are redirected due to a USER's email filter settings. It is the USER's responsibility to check FLOS for the most current information on their order. By creating an account, or ordering a product from FLYERLAB, the USER agree to receive various communications from FLYERLAB or FLOS pursuant to our privacy policy. Email Job Status Notifications may be sent in regard to job status changes, job shipment, job related warnings such as delays or art issues. Periodic newsletters, product specials, one-time sales, new coupons and time-sensitive offers are also send pursuant to our privacy policy and USER opt-in or opt-out requests. If the USER wish to be removed from the special offer emails please click the remove link at the bottom of the email.
  14. Transfer of Title: The USER agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the USER upon shipment or collection. This means that the risk of loss and title for such items pass to the USER upon our delivery to the USER, agent or carrier. For any Product that is to be provided to the USER in an electronic format, the USER agrees that delivery of such Product shall be deemed to have occurred either (a) at the time FLYERLAB transmit the Product via FLOS, email or other electronic communication addressed to the USER or (b) at the time we transmit a notification to the USER that the Product is available for downloading from the Site.
  15. Disclaimer of Warranties: The site is provided by FLYERLAB on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, FLYERLAB makes no representations or warranties of any kind, exPRINT or implied, regarding the use or the results of this FLOS in terms of its correctness, accuracy, reliability, or otherwise. FLYERLAB shall have no liability for any interruptions in the use of this FLOS. FLYERLAB disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion may not be applicable.
  16. Limitation of Liability: FLYERLAB SHALL NOT be liable for any damages whatsoever, and in particular FLYERLAB shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to FLOS or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if FLYERLAB has been advised of the possibility of such damages.
  17. Indemnification: USER agrees to indemnify and hold FLYERLAB, its parents, subsidiaries, affiliates, officers, agents, outlets and employees, harmless from any claim or demand, including all or reasonable attorneys' fees and costs, made by any third party due to or arising out of USER's use of FLOS, the violation of this Agreement, or infringement by USER, or other user of the Service using USER's computer, of any intellectual property or any other right of any person or entity.
  18. Right to Refuse Service: FLYERLAB reserves the right to cancel or otherwise refuse to print jobs it deems are obscene or offensive, including but not limited to pornographic materials or language. FLYERLAB reserves the right to charge the USER for services rendered up to the point it deems fit in its unfettered discretion.
  19. Modifications and Interruption to Service: FLYERLAB reserves the right to modify or discontinue FLOS with or without notice to the USER. FLYERLAB shall not be liable to USER or any third party should FLYERLAB exercise its right to modify or discontinue FLOS. USER acknowledges and accepts that FLYERLAB does not guarantee continuous, uninterrupted access to FLOS and operation of FLOS may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
  20. Third-Party Sites: FLOS may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. The USER acknowledge that FLYERLAB is not responsible for the availability of, or the content located on or through, any third-party site. The USER should contact the site administrator or webmaster for those third-party sites if the USER have any concerns regarding such links or the content located on such sites. The USER's use of those third-party sites is subject to the terms of use and privacy policies of each such site, and FLYERLAB is not responsible therein. FLYERLAB encourages all USERS to review said privacy policies of third-parties' sites.
  21. Disclaimer Regarding Accuracy of Vendor Information: Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While FLYERLAB makes every effort to ensure that the information on FLOS is accurate, FLYERLAB can make no representations or warranties as to the accuracy or reliability of any information provided on FLOS. FLYERLAB also makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and the USER acknowledge that any reliance on representations and warranties provided by any Vendor shall be at the USER's own risk.
  22. Governing Jurisdiction of the Courts: FLOS is operated and provided in the REPUBLIC OF SOUTH AFRICA State. As such, FLYERLAB is subject to the laws of the REPUBLIC OF SOUTH AFRICA, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. FLYERLAB makes no representation that FLOS or other services are appropriate, legal or available for use in other locations. Accordingly, if the USER choose to access FLOS the USER agree to do so subject to the internal laws of the REPUBLIC OF SOUTH AFRICA.
  23. Compliance with Laws: The USER assumes all knowledge of applicable law and is responsible for compliance with any such laws. The USER may not use FLOS in any way that violates applicable local, national or international laws, regulations or other government requirements. The USER further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, province, national, or international law or regulation.
  24. Copyright and Trademark Information: All content included or available on FLOS, including but not limited to site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of FLYERLAB, with all rights reserved, or is the property of FLYERLAB and/or third parties protected by intellectual property rights. Any use of materials on FLOS, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of FLYERLAB is strictly prohibited. The USER agrees that he/she/it will not use any robot, spider, or other automatic device, or manual process to monitor or copy any web pages or the content contained therein without prior written permission of an authorized of FLYERLAB. The USER assumes all knowledge of applicable law and is responsible for compliance with any such laws. The USER may not use the Service in any way that violates applicable provincial, national or international laws, regulations or other government requirements. The USER further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
  25. Reproductions of Currency: The law sharply restricts photographs or other printed reproductions of paper currency, checks, bonds, revenue stamps and securities of the REPUBLIC OF SOUTH AFRICA and foreign governments.
  26. Botnets: FLYERLAB retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, FLYERLAB reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
  27. Other Terms: If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. The USER agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by FLYERLAB, in its sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to the USER r participation as a USER. USER agrees that by accepting this Terms of Use Agreement, USER is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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