Terms and Conditions

TERMS AND CONDITIONS

ASAP Reprographics' welcomes you to our 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 orders placed with us, either through our website or by other means including, but not limited to, email orders and orders placed over the counter. By using our printing services you agree to be bound by the terms and conditions set forth below, and all disclaimers or other terms and conditions that appear elsewhere on our Website (collectively the "Agreement"). Your use of our Website 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 place your order with us. 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 still binds you to the Agreement, including orders placed with us which were not placed through our website. These Terms and Conditions apply to all of our printing services including all printing orders placed with ASAP Reprographics. Since we may revise the Agreement at any time, we recommend that you visit these pages periodically to review the Agreement.

RETURNS / REFUNDS

Since each order is unique and has no re-sale value, all sales are final. If we verify that we made an error, we will reprint the order. No refunds or credits. Customer must notify ASAP Reprographics within 5 business days of receipt of order to notify any defects discovered in the ordered product or the claim will be denied. In order to receive replacement, customer must return 100% of the received product within 15 days (at their own expense) from the time when the ordered product was delivered.

Order Cancellation Policy

Order that are cancelled are subject to a cancellation fee based on the current production status of your job. The fees are as follows:

• $10.00 — PRIOR to a proof being sent.
• $30.00 — AFTER a proof being sent, but PRIOR to customer approval.
• NO REFUND — There will be no refunds of any kind AFTER a job has been approved.

ALL REFUNDS WILL BE IN THE FORM OF IN-HOUSE CREDIT.

• HOUSE CREDITS — All house credits must be used within 90 Days of issue date.

Other Fees

Jobs may be subject to other fees as follows which will be charged when services are rendered:

• $3.00 — Additional PDF Proofs per PDF page (i.e. Additional 12-page proof would be $36.00).
• $5.00 — Additional Digital Printed proofs (per 8.5" X 11", per side).
• $10.00 — Additional processing charge for job files submitted other than PDF or JPEG.
• $30.00 — Re-RIP of any file prior to approval. (Multi-page products like catalogs subject to higher rates)
• $50.00 — Re-RIP of any file after approval, if not in print. (Multi-page products like catalogs subject to higher rates)
• $90.00/hour — Artwork design revisions, alterations and changes; 15-minute ($22.50) minimum.

— New design; 30-minute ($45.00) minimum.

This is not an exhaustive list; other fees may be incurred in special circumstances.

General Information

Any original media (discs, pictures, slides, proofs, etc.) are non-returnable and become our property unless pre-arrangements are made. Original hardcopy or electronic art files are supplied at your own risk. We do not accept responsibility for damage to or loss of original art work or art files. Preferred file type is Adobe PDF. We accept most other file formats. Acceptable applications for Mac & PC include (but are not limited to) Quark Xpress, Adobe PageMaker, Adobe Illustrator, Adobe InDesign, Adobe Photoshop and Adobe PDF. Keep in mind anything other than (.pdf or .jpeg) files will incur additional charges based on our fees listed above. A properly prepared PDF file will greatly reduce processing time and error on your proofs, as opposed to working with external elements such as fonts, images, and layout files. 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. 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 order. Unless other payment terms have been previously arranged and account is up to date, your credit card will be charged upon placement of order.

Customer Supplied 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 (mock up) 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.

Order Approval

Customer is fully responsible for final proof and layout approval prior to the printing process. 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.

Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. ASAP Reprographics will assume that you have verified the spelling, grammar, content and layout, etc., are all correct and it will not accept any liability for errors in a final product caused by any of the following reasons: Misspellings, Content, Graphics, Bleeds, Grammar, Damaged Fonts, Small Fonts, Orientation of Files, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Finished Product Size.

Color Proof Accuracy

Please note that although color digital printed 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 digital proofs are created in a different way than the printed piece. Because of differences in equipment, paper stock, inks and other conditions between color digital printed proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When a variation of this kind occurs, it will be considered acceptable performance.

ASAP Reprographics is not liable for color matching or ink density on computer screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not transparency issues, density, or color including but not limited to conversions from RGB to CMYK. If you choose No Proof print as is, you assume full responsibility for the printing outcome.

Final Print Color Accuracy

All artwork or designs and images must be provided in CMYK format. ASAP Reprographics is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. ASAP Reprographics will try its best to match the gradient density of each color, but ASAP Reprographics is not liable for the final appearance of a color.

PLEASE NOTE: Our four-color printing is a CMYK (Cyan, Magenta, Yellow and Black) process color. We cannot match colors 100%. We match colors 80% - 90% based on Pantone process guide lines. We cannot guarantee a match to other batches, as the color may vary from batch to batch. Each time we print a file, colors could vary up to 15-20%.

The application of High Gloss UV Coating may affect or change the appearance of printed colors. ASAP Reprographics is not liable for the final color appearance of High Gloss UV-coated products.

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. TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE!

Proprietary 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.

Graphic Design Services - Ownership Of Artwork

ASAP Reprographics will design your artwork for products printed by us. By ordering and using ASAP Reprographics Graphic Design Services, you, the customer, agree that all designs and/ or design revisions created and revised by employees of ASAP Reprographics are the sole intellectual property of ASAP Reprographics. Regardless of any term or condition to the contrary, Artwork/Experimental/Creative Work [i.e. design and layout of Customer Copy and/or ideas, artwork, sketches, copy, logos, dummies and all preparatory work performed at the customer's request and created, developed and furnished by ASAP Reprographics specifically for customer printed products, will remain ASAP Reprographics exclusive property, and will be charged in the amount separately listed in the Quotation or Invoice or separately quoted upon customer's request, whether before or after the completion or delivery of job.

Order Shipping & Delivery

ASAP Reprographics will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall ASAP Reprographics be liable for any consequential or damages resulting from any delay in shipment or delivery.

All ASAP Reprographics customers agree not to hold ASAP Reprographics liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond ASAP Reprographics direct control. ASAP Reprographics shipment and delivery dates are calculated based upon estimates provided by our suppliers.

ASAP Reprographics will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.

Customer Supplied Incorrect Address

ASAP Reprographics will not be responsible for orders shipped to incorrect addresses supplied by the customer. When a package is not delivered due to an error made by the customer in submitting the proper shipping address, ASAP Reprographics will reship the package with corrected address and charge an additional shipping fee for the shipment. ASAP Reprographics will not reprint an order that was shipped to an incorrect address supplied by the customer.

Mailing Services

When utilizing our Mailing Services, in no event will ASAP Reprographics be liable for postage charges and/or printing and mailing cost, special, incidental, or consequential damages of any kind. ASAP Reprographics responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. ASAP Reprographics shall not be liable for USPS performance failures or delivery delays. Any remaining customer mailed pieces not mailed through ASAP Reprographics will be returned via UPS at customer's expense and shipped to the contact address on file unless otherwise specified by the customer.

ASAP Reprographics assumes no responsibility for the accuracy of lists supplied by customers, purchased by customer through a list vendor or personal customer lists. ASAP Reprographics does not accept liability or responsibility for supplied list or compiling such lists nor for an intangible or special value attached thereto. For mailing lists purchased from ASAP Reprographics, ASAP Reprographics offers a deliverability guarantee of 88% on Business to Business lists and 92% on Business to Consumer lists if mailed within 30 days of the order. Deliverability applies solely to the accuracy of the mailing addresses themselves and not to the accuracy of any other element of the mailing list, including, but not limited to contact names and/or any other demographic/firmographic criteria or element. Customer remains fully responsible for payment of any ordered list in the event that the printing and/or mailing portion of the order is cancelled by customer. For Specialty lists, customer should note that a List owner may request a copy customer's mail piece and view the desired mail date prior to providing approval of the list rental order. Customer should also note that a List owner reserves the right to refuse a list rental order for any reason they see fit.

Note: Postage charges are based on USPS direct cost and must be paid prior to mailing. A Mail Batch Processing fee of $25.00 plus 3% of the postage cost will be added based on the actual postage cost. Please note that postage is estimated when order is placed. We will not charge the credit card on file for postage until your list is uploaded and verified.

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.

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.

Kids' 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 & 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 & 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, 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 & 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 San Luis Obispo 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.