SOFTMETAL PRINTING IS OWNED AND OPERATED BY SOFTMETAL INC. BY VISITING, USING AND/OR REGISTERING WITH THE SOFTMETAL PRINTING WEBSITE (“SITE”), YOU (REFERRED TO HEREAFTER AS “YOU”, “YOUR” OR “USER”) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS & CONDITIONS”). THE TERMS & CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SOFTMETAL INC. (HEREAFTER ALSO REFERRED TO AS “WE”, “US”, OR “OUR”) AND GOVERN ANY AND ALL USE OF THE SITE BY ANY AND ALL USERS OF THE SITE AND ANY SERVICES OFFERED THEREFROM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ANY SERVICES OFFERED OR ACCESSED THROUGH THE SITE. IF YOU (OR THE BUSINESS ENTITY WHOM YOU REPRESENT OR ARE ACTING ON BEHALF) HAVE A SEPARATE AGREEMENT WITH, SOFTMETAL INC., THE TERMS OF THAT SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT THEY ARE INCONSISTENT WITH OR OTHERWISE CONFLICT WITH ANY OF THE TERMS & CONDITIONS.
The Big Picture: When you place an order with Softmetal Printing you are creating a contract to purchase goods and services based on these terms and conditions. At Softmetal Printing we offer graphic designs and printing services as well as products for sale in our retail and online shops.
Short-Run Printing: Our full colour offset printing is produced using the gang run printing method where we combine your print job with many others and print them at the same time on large presses. This is actually, where the Softmetal Printing name originated. Combining jobs on club-runs allows us to gain efficiency, offer special papers and unique printing methods on the best printing equipment while passing on the savings of the shared cost of set-up, printing and finishing to you. To make this work we require a window of production time to compile everyone’s files, get the press ready, run the press, allow drying time and then trim, pack and finish up all of the individual jobs.
What can delay your order: Softmetal Printing will make every effort to process your order as soon as possible to meet your deadline. We don’t like putting orders on hold as we know this can delay your production time. Here are a few reasons your order might be put on hold and delayed.
- You order a size of card that doesn’t match your artwork and there are no special trimming instructions or the files are supplied at the wrong size.
- You submit your files in the wrong colour mode with low resolution.
- Your files have information within the critical trim area that may be trimmed off or the files do not have a bleed.
- You indicate that you need your project ready on a date that does not match the production time selected.
Delays can be avoided by preparing your files according to the file preparation specifications we provide online or by contacting us with questions or special requests before placing an order.
Proofing: Requesting a proof is always a good idea and you can choose to place an order with or without a proof. In some cases a hard copy colour proof may be available. If the option for a hard copy colour proof cannot be selected for a specific product it means that product is produced on a club run and can only be proofed for layout by PDF. It is important to note that ordering a proof will delay your order. We will check your files and create your proof as soon as possible and once you approve your proof your order will go into production. If you are on a tight deadline or you are ordering rush printing please take this delay into consideration.
A PDF proof cannot be used to approve colour. The appearance of colours will be affected by many variables including the paper or card stock, the coating or lamination and the print method. These variables cannot be accurately shown or emulated on an electronic PDF proof. Simply put the colour of your printed project will not match
the colour shown on a computer screen. When you approve a PDF proof, you will be acknowledging and accepting these limitations.
Proof Approval: Once Softmetal Printing sends you a proof we ask that, you very carefully review every aspect of your project including the layout and all vital information. Double check spelling, phone numbers, emails and URLs on the entire project. Once you approve a proof, your order will go into production and no further changes can be made. Softmetal Printing will not be responsible for incorrect spelling, grammar or punctuation or any graphic layout or content errors that are shown and approved on your proof.
Errors and Returns: Softmetal Printing has a 7 Day Return Policy. We really want you to be happy with your printing so if you find a printing error you will need to notify us within seven business days of completion of your order. If your order was shipped right after completion, you will need to notify us within 7 days of the delivery date. Please email us at pRINTSALES@SOFTMETAL.CA and include your contact information and order number along with a description of your concerns.
We may require you to send samples or return your entire order at your cost. In the event of a printing error by Softmetal Printing, we will give you the choice to reprint your order or we will refund what you have paid. Orders may not be returned to Softmetal Printing without prior written consent; we will refuse unauthorized shipments and return to you at your cost.
Reprints and Refunds: In the event of a printing error by Softmetal Printing you will have the option to re-print, you order or have your payment refunded. In either case,Softmetal Printing may require the return of your order before we proceed with either option. Reprints will be of the same artwork with printing errors corrected and will be scheduled on the next available print run. Any claim of liability or damages against Softmetal Printing shall be limited to a refund or reprint even if the original completion deadline has passed.
What We Check On Your File: Softmetal Printing will review your files to ensure they meet the technical standards for printing. In general, we will ensure your files are supplied at the correct size, in the correct colour mode including any special inks or finishes and provided at a resolution suitable for print. We will also check to ensure that no information is within a critical trim area and the artwork files you have supplied match up to what you have ordered.
What We do not Check On Your File: When you submit files to Softmetal Printing you are implying that you have reviewed your files an they are ready to print according to the file preparation guidelines we provide on our site. While we will check your files to ensure they meet the technical standards for printing, we will not review your overall design, layout or the size of your fonts.
We will also not check your spelling, grammar or the accuracy of dates or times. Be sure to work closely with your designer to review your artwork before placing an order. We suggest requesting a proof prior to printing as an extra measure of assurance. Please see the notes above on proofing.
Damage or Delay During Shipping: If your order is damaged or delayed in transitSoftmetal Printing may require several days to remedy the situation with the shipping company. Softmetal Printing can only assist on orders shipped on our accounts, if you have used your own courier you must contact them yourself. Softmetal Printingwill not be held responsible for delays or damage caused during shipping and will not be liable for claims of loss of business or damages due to shipping delays or for any damage caused during shipping.
Payment: Softmetal Printing requires that all orders be placed online with prepayment in full. If Softmetal Printing enables your account to have the option to pay by check instead of credit or debit card your order will not go into production until your check is received. If Softmetal Printing has extended credit terms to you that option is subject to the separate terms, fees and interest agreed upon and your account may be terminated “without cause” at any time.
What you cannot print: Softmetal Printing does not censor our client’s artwork, we may or may not agree with your content but we print anything, as long it does not or appear to contain nudity of minors and is not illegal.
Here is a list of what Softmetal Printing may collect about you:
- Email address
- Credit card information (if you pay for a service)
- Billing address (if you pay for a service)
- Shipping address (if you request shipping)
- IP address
- Browser type
- Location data
- Date and time of transactions
- All files you move on Softmetal Printing’s sites
Amendments to Terms & Conditions: Softmetal Inc. reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms & Conditions at any time. You agree that we may modify the Terms & Conditions and such modifications shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms & Conditions except and to the extent prohibited by applicable state or federal law.
Corporate Identification and Trademarks: “Softmetal Printing” and any and all other marks appearing on this Site are trademarks of Softmetal Printing 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, including in advertising or publicity pertaining to distribution of materials on this Site, without Softmetal Printing’s prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. Softmetal Printing prohibits the use of Trademarks as a “hot” link on, or to, any other website unless establishment of such a link is pre-approved by Softmetal Printing in writing.
User Conduct & Eligibility: You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component or false or misleading indications or origin or statements of fact.
As a condition of your use of certain services offered through the Site, you may be required to register an account with us and must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current 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. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
Minimum Age. The Site and its services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or its service by anyone under 18 years of age is expressly prohibited. By accessing or using the Site, you represent and warrant that you are 18 years old or older.
Use Restrictions: You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Softmetal Printing. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
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.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Softmetal Printing’s prior written consent is prohibited.
In addition to the foregoing and in consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of the Terms & Conditions:
- Collecting information about the Site or users of the Site without our written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Site, without our written consent.
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;
- Accessing or using the Site for competitive purposes;
- Disguising the origin of information transmitted to, from, or through the Site.
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use the Site;
- Using the Site for any purpose in violation of local, state, national, international laws
- Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
- Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions.
We expressly reserve the right, in our sole discretion, to terminate a user’s access to any or all areas of the Site due to any act that would constitute a violation of these Terms & Conditions.
Linking to the Site: Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material or content displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
Links to Third Party Websites: From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
DISCLAIMER OF WARRANTIES: THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Softmetal Inc. DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Softmetal Inc. – INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS 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, TORT OR OTHERWISE, WHICH ARISE OUT OF OR 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO Softmetal Printing FOR THE REQUEST.
Third Parties: If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms & Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Termination: Softmetal Inc. reserves the right to terminate your account and access to the Site and its services at any time. Termination by Softmetal Inc. may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.
Changes to the Site: We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that Softmetal Inc. will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
Miscellaneous: The captions in these Terms & Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms & Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms & Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms & Conditions, and the remainder of the Terms & Conditions shall continue in full force and effect. The failure by either you or Softmetal Printing to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms & Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms & Conditions regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms & Conditions.
ORDER TERMS AND CONDITIONS
Payment: All prices and amounts shown on this Site are in Canadian (CAD), unless otherwise noted. All prices set forth on the Site and stated herein are based on current costs and subject to change without notice and payment amounts and other terms may be subject to additional agreements between User and Softmetal Inc.
If a User submits an order on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method.
Return & Refund Policy: AtSoftmetal Printing, we strive to provide our Users with the best possible printing experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department. Our representative will document your complaint and create a ticket for your reference.
- 100% Refund or reprint on any defective print orders
- 100% Free expedited reprint on any orders lost in transit
- 20% Refund for every business day that your order is printed late
All policies are subject to change without prior notification. Defective product refunds and reprints shall not exceed the amount paid by the User or $1,000.00 (whichever is less). Determination of defect is at the sole discretion of Softmetal Inc. In most cases, Users will be requested to submit digital photos documenting the product defect and/or ship the defective products back to customer service. Free expedited reprint on any orders lost in transit is limited to orders less than or equal to $250. Turnaround and shipping for reprint orders will vary depending upon available production capacity and manager’s discretion. Refunds issued for late turnaround will be limited to no more than $200 and calculated as 20% of print total (excluding tax, shipping, handing, and design services) for every business day (excluding weekends and holidays) that the order was late.
Direct mail services including printing, mailing services, list services and design services are not subject to the foregoing return policies. Refunds or reprint on direct mail orders will be evaluated on a case-by-case basis and any refund/reprint shall be determined by Softmetal Inc. in its sole discretion. Postage is no longer refundable once the mail piece has been dropped off to the post office.
An order may not be canceled once it is “In Production”. If the order is still in the preflight or proofing stage, it may be canceled subject to the following fees, when applicable:
- Orders placed, paid for and then canceled before 5pm EST on the same day may be refunded in full or booked as store credit to be applied to future orders;
- Orders below $100 will be subject to a $10.00 cancellation fee.
- Orders from $100 to $500 will be subject to a $25.00 cancellation fee.
- Orders $500 and above will be subject to a cancellation fee of 3.5% of the full order amount.
Softmetal Printing will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an order with Softmetal Printing, you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece.
Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. Application of UV coating may effect or change the appearance of the printed colors. We are not liable for the final color appearance of a UV coated product.
No Liability for Errors
Softmetal Printing is not liable for errors in a final product caused by any of the following reasons:
- 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
- Errors in user-selected options such as size, quantity, paper and finish
- Duplicate orders submitted by the User
- Incorrect files uploaded
- Incorrect file orientation
- Cracking on folds
- Cutting variances
- Incorrect or undeliverable shipping address
- Damage to products after delivery to User
User is responsible for reviewing their files and correcting any issues prior to placing the order.
Printing Turnaround Time
Printing turnaround time begins after we have received your print-ready files, approval for your proof and full payment for your order. If you have chosen to waive your proof approval, printing turnaround time begins after we have received your print-ready files and full payment for your order. For orders that do not have complete digital source files, or have files that are not print-ready, printing turnaround time will begin after we receive acceptable print-ready files regardless of when payment was made.
Orders must be paid, print-ready files received and proofs approved by 5:00 P.M. PST (8:00 P.M. EST) for printing turnaround time to begin the next business day. For example, an order for two-day printing turnaround that you submitted at 3:00 P.M. PST (6:00 P.M. EST) and approved by 5:00 P.M. PST (8:00 P.M. EST) on Tuesday will be shipped out of our facility by end of business Thursday. If you approve a proof on your Next Day Turnaround order by 5:00 P.M. PST (8:00 P.M. EST) on Tuesday, it will be sent out of our facility by Wednesday end of business day. Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Printing turnaround time includes printing, cutting, and binding, it does not include design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated printing turnaround time advertised on this site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.
Printing turnaround time for jobs with print-ready files, approved proofs and payment is guaranteed. The exclusive remedy for failing to meet a deadline is limited to a 20% refund for every business day of delay (up to the maximum refund amount per the Return & Refund Policy above). Softmetal Printing will not be responsible for shipping-related costs on orders that do not go out by the due date.
All complaints must be registered within 24 hours of receipt of your final printing job. If we determine that your job contains manufacturing errors and/or defects, we will rerun your job at no charge.
All materials we create in producing your printed product are the property of Softmetal Printing. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent