Image Media Incorporated Terms And Conditions

IMPORTANT TERMS AND CONDITIONS FOR PLACING AN ORDER WITH IMAGE MEDIA INCORPORATED. Customer acceptance of the following terms and conditions is required for imageMEDIA to accept an order.

Please read them carefully before placing an order.

 

    1. SERVICES PROVIDED: Image Media Incorporated (“imageMEDIA”), provides graphic design, printing materials, mailing preparation, online advertising, and other marketing support services. imageMEDIA does not guarantee or represent that it provides a return on investment, guaranteed income, leads, orders, customers, response rates, or any desired, expected, or intended results.
    2. TURNAROUND: imageMEDIA uses best efforts to meet or exceed every Customer’s expectation and request, including production and shipping dates. However, quoted and published ship or mail dates are imageMEDIA’s best estimates and not to be considered guarantees.
    3. SCHEDULE: Production turnaround time begins after Customer’s approves their proof. For proofs approved after 12:00 pm (Eastern Time), production turnaround time will begin the next business day. Business days are considered Monday through Friday. Holidays are excluded from business days.
    4. PAYMENT TERMS: All orders must be prepaid before commencing production. imageMEDIA reserves the right to place jobs on indefinite hold if the credit card declines or for payment pending via check. There are no net credit terms accounts unless pre-approved in writing by management and secured by credit card or deposit.
      The Customer authorizes imageMEDIA to charge any credit card or debit card previously authorized for unpaid or overdue accounts not received within the 30 day terms.  Additionally, the Customer authorizes imageMEDIA to charge any credit card or debit card on previously used for nonsufficient funds (NSF or returned) checks.
    5. ALL SALES ARE FINAL: Because each print job is created custom for the Customer, it cannot be reused or resold. ALL SALES ARE FINAL.
    6. ORDER CANCELLATIONS AND REFUNDS: Credits or refunds for cancellation of orders are available on orders that have NOT been placed into production. If an order is cancelled AFTER imageMEDIA has sent a proof to the Customer, but BEFORE it is approved by the Customer, a refund will be provided to the Customer less a $50 administrative fee for work completed prior to cancellation. If an order is cancelled AFTER a proof is approved by the Customer but BEFORE it is placed into production, on written cancellation a refund will be given less a $100 fee for all work completed prior to cancellation. There are no refunds if an order is cancelled AFTER it has been placed into production. Orders with custom dies, third-party post-press services, or special “non-returnable” paper stocks are not refundable after the order is placed.

      If a Customer needs to cancel an order they placed, the Customer must email the cancellation request to cs@imagemedia.com AND call and speak with a imageMEDIA representative to confirm receipt of the cancellation and the cancellation charges at that point in time.  Sending the email, or livechat, without confirmation is not enough to cancel an order.
    7. CLAIMS AND RETURNS: Claims for defects, damages, or shortages must be timely made by the Customer in writing no later than 10 calendar days after delivery. If no such claim is made, the Customer agrees the order and performance tendered by imageMEDIA have been accepted. If a job is unacceptable to the Customer due to true defects in workmanship, and all the materials shipped are returned to imageMEDIA for inspection and confirmation of the defects, imageMEDIA will reprint the job to the Customer at no cost, or issue a credit for future orders. No cash refunds are offered. Please note that the FULL original order must be returned to us and inspected.No reprints or credits are offered for the following reasons (these are not considered defects):
      •       Low resolution or low quality graphics and images as supplied by the Customer
      •       Spelling, punctuation, and grammatical errors from Customer approved proof
      •       Damaged fonts
      •       Transparency
      •       Overprint
      •       Color reproduction
      •       Artwork files that are not created following imageMEDIA’s, or USPS’s, 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 by Customer
      •       Incorrect file orientation on Customer provided files.
      •       Cracking on folds
      •       Cutting variances
      •       Incorrect or undeliverable shipping address

       

    8. SHIPPING TERMS: All shipments are FOB Shipping Point from the imageMEDIA manufacturing location. imageMEDIA assumes no liability for damage in shipping, missing, or otherwise delayed shipments.
    9. COLOR REPRODUCTION: Because of differences in equipment manufacturers, including paper, inks, lighting, and other conditions, all print jobs utilize a “pleasing color” spectrum as determined by generally accepted printing trade practices. The color output of the Customer’s print job is not guaranteed to match any other print order or previous printed copy. imageMEDIA accepts 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.
    10. PROOFING PROCESS: If the Customer selects “online proof” or requests a digital proof, imageMEDIA will send an email notice shortly after receiving it into their production department.  Please take note that an online proof is not an accurate color reproduction of the final printed piece but is a final opportunity for the Customer to check the layout, bleeds, crops, and final text.  The proofing process is very important to avoid any unintended issues.
      Approval of the correct and final print version is the Customer’s responsibility. imageMEDIA does not accept responsibility for any copy or design errors committed on edits once approved by the Customer.
    11. COLOR PRINTER AND INKJET OR COLOR COPIES: Inkjet and laser prints will look substantially different than commercial offset printing. imageMEDIA offers quick turnaround and low prices by printing to a “pleasing color” standard, using standard ink densities. There is no guarantee that the Customer’s finished piece will match its printed sample. This is due to the varying results from different output devices including inkjet printers, continuous tone proofing devices, and film-based proofs. Consumer printers are known to saturate colors and glossy “photo” paper will look different.
    12. RIGHT TO REFUSE: imageMEDIA reserves the right to use its sole discretion in refusing to print anything it deems improper, offensive, or known to be illegal. imageMEDIA is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The Customer guarantees the legal title of all matter submitted to imageMEDIA for printing and/or publication. imageMEDIA also reserves the right to refuse to provide service to any Customer it wishes for any reason.
    13. QUOTES AND ESTIMATES: Written estimates are good for 30 days. An estimate not accepted within 30 days may be subject to change. Prices posted on the imageMEDIA website are subject to change without notice. Quotations are based on the accuracy and completeness of the specifications and selections provided by the Customer in writing. imageMEDIA reserves the right to modify a prior quotation made if, at the time of submission of the order, the art or other parameter does not conform to the information on which the original estimate was based.
    14. OVERRUN/UNDERRUN: imageMEDIA will normally deliver the exact quantity of goods ordered plus a small additional amount. There is no extra charge for the additional amount. Should an order be delivered with less than the amount ordered, the Customer agrees that a credit issued for the value of the shorted pieces is acceptable as full satisfaction owed for the shorted items.
    15. CUSTOMER FILES: It is the Customer’s responsibility to maintain a copy of the original computer files, artwork. imageMEDIA is not responsible for accidental loss or damage to media supplied by the Customer or for errors on supplied artwork furnished by the Customer. imageMEDIA does not always archive Customer work for longer than it takes to produce the final product. DO NOT send any “one-of-kind” prints or artwork.
    16. STOCK PHOTOGRAPHY LICENSE: All materials imageMEDIA creates in producing printed materials or postcards are the property of imageMEDIA. This includes typeset layouts and color scans. imageMEDIA may use licensed stock images for customer designs, under the imageMEDIA license. In such situations, the Customer may not re-use the image for any other purpose other than the printed piece provided by the imageMEDIA.
    17. USPS DISCLAIMER: imageMEDIA provides design, printing service and mailing preparation services. imageMEDIA DOES NOT provide mail delivery services.  This service is provided by United States Postal Service (“USPS”).
    18. USPS TIMING: imageMEDIA is not USPS and cannot guarantee the delivery schedules or in-home dates of the Customer’s mailings. imageMEDIA’s services are completed when the Customer’s mail is delivered to the dock of the USPS.  If there is a delivery or service issue specific to USPS, imageMEDIA will assist Customer in coordinating all available resolutions with USPS directly.   USPS will require specific and/or verifiable proof of error. A self-certified statement that a postcard was not received is not a verifiable error for USPS.
      In the event that a portion of the mailing is determined to have had an error by USPS, it does not warrant the entire mailing to be reproduced or refunded.
    19. USPS PROOF OF DELIVERY: imageMEDIA considers acceptable proof of delivery from USPS is any one or more of the following:

      • Verbal or written confirmation by a USPS employee at the delivery unit.
      • Official postal form 3602 for Standard Mail
      • Official postal form 3600 for First Class Mail
      • Official postal form 8125 for Drop Shipped Mail
      • Delivery completed scan for priority shipments when applicable.
    20. MAILING LIST QUALITY : imageMEDIA is not responsible for undeliverable, or returned pieces on any Customer supplied mailing list data regardless if imageMEDIA has processed NCOA and CASS certifications.
    21. PURCHASED MAILING LISTS: Mailing lists which are purchased from imageMEDIA will come with a guarantee that returns on consumer lists shall not exceed 8% and on business lists shall not exceed 15%, conditional on the mailing being sent within 30 days of the purchase of the lists. imageMEDIA is not liable for any returns other than those in excess of the guaranteed amount. The sole remedy for exceeding the return guarantee shall be refund of the postage of those items guaranteed that exceed the guarantee. Due to contractual terms with third-party mailing data providers, imageMEDIA is unable to refund on mailing list purchases once procured regardless if the list has been mailed or used in any capacity by the Customer.
    22. POSTAGE FEES: Customer should explicitly recognize that imageMEDIA is not the USPS and any money paid for postage is collected and paid to USPS on the Customer’s behalf. These funds are not imageMEDIA’s and are not refundable for any reason by imageMEDIA.
    23. POSTAGE SURCHARGE: Because imageMEDIA is collecting postage to be paid to USPS, imageMEDIA adds 4% to all postage costs paid through a credit card. This cost covers the credit card processing fee and handling incurred by imageMEDIA. To allow sufficient time for payment deposit with the USPS, when the Customer uses imageMEDIA’s permit number, imageMEDIA requires that all checks and credit card payments for postage be in imageMEDIA’s possession 3 days before the Customer’s mail date. If a postage deposit is not received, imageMEDIA cannot advance the postage required, and the USPS will not accept the Customer’s mail.
    24. POSTAGE REFUNDS: UNDER ABSOLUTELY NO CIRCUMSTANCES WILL POSTAGE BE REFUNDED FOR ANY REASON ONCE A JOB HAS BEEN TRANSFERRED TO THE USPS FOR MAILING.
    25. STORAGE CHARGES: Material held more than 90 days after production is completed will be billed at a charge of $5 per 1,000 pieces per month. If imageMEDIA is unable to contact the Customer within 60 days, imageMEDIA reserves the right to consider the product abandoned and will be recycled.
    26. LIMITATIONS OF LIABILITY: LIABILITY FOR ANY ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES OF ANY NATURE IS EXPRESSLY LIMITED TO THE VALUE OF THE WORK INVOICED. UNDER NO CIRCUMSTANCES SHALL IMAGE MEDIA BE LIABLE TO ANY CUSTOMER FOR LOSS OF BUSINESS, LOSS OF PROFITS, FAILURE TO OBTAIN CERTAIN BUSINESS RESULTS, RESPONSE RATES, SALES, POSTAGE OR ANY OTHER DIRECT OR CONSEQUENTIAL DAMAGES AS A RESULT OF ANY ERROR, MISTAKE, OR FAILURE OF US TO PERFORM SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO; LIST ADDITIONS, REQUESTS MADE AFTER ORDER APPROVAL, AND USPS ERRORS.  IMAGE MEDIA IS NOT LIABLE FOR IN ANY MANNER OR AMOUNT FOR USPS PERFORMANCE FAILURES, DAMAGE, OR DELAYS AND MAKES NO WARRANTY WHATSOEVER REGARDING USPS PERFORMANCE.
    27. SEVERABILITY: If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
    28. WARRANTY AND DISCLAIMER OF OTHER WARRANTIES: imageMEDIA warrants that every product manufactured by it is free of any material defect in workmanship, and meets the printing industry standard for such product in terms of color and quality, all subject to the terms of this Agreement. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. imageMEDIA expressly excludes all other warranties and no actions or words of imageMEDIA, its officers, employees, or agents shall constitute a warranty.
    29. INDEMNIFICATION: The Customer represents that it has the legal right to produce all printed materials ordered. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against imageMEDIA based upon, relating to or arising from the alleged wrongful acts of the Customer, or alleging that the printing performed or product produced by imageMEDIA ordered by the customer: (a) infringes any copyright, patent or other proprietary right of any person; or (b) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold imageMEDIA harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1) defending imageMEDIA against any such Claim (2) paying any judgment or award against the customer; and (3) reimbursing imageMEDIA for any legal fees and expenses it reasonably incurs in responding and defending the Claim.
    30. PRIVACY STATEMENT: Any information imageMEDIA collects from order processing or from any inquiries is not shared with any other Company. Customer information is only used for contact, billing, and shipping purposes.
    31. DISPUTES AND VENUE: The Customer agrees that any and all disputes or claims related in any way to the Customers Order with imageMEDIA shall be adjudicated in Pinellas County, Florida, USA and that Florida law shall apply.
    32. DATA SECURITY AND MALWARE POLICY / DISCLAIMER OF WARRANTY: The Customer agrees and acknowledges the following: (a) that imageMEDIA does not warrant that any of its or vendor websites or electronic services will be uninterrupted, error free, or immune from hackers that create data breaches and data theft, and further that imageMEDIA, and its various third-party providers (such as Amazon) may occasionally experience “hard outages” due to internet disruptions, or data security breaches. IMAGE MEDIA EXPRESSLY DISCLAIMS ANY WARRANTY OR ASSURANCE OF DATA INTEGRITY, SECURITY, OR PERFORMANCE. Any such breaches or outages shall not be considered a breach of this Agreement. Further, imageMEDIA agrees to use reasonable commercial efforts to ensure that there are no viruses or undocumented feature in any software, email, or data files at the time of delivery to the Customer (a virus will be defined as any harmful, hidden programs or data incorporated in a computer software program that destroys or impairs the program and/or data from processing its normal business operations); and the software does not contain any embedded device or code (e.g., time bomb), but imageMEDIA MAKES NO WARRANTY EXPRESS OR IMPLIED THAT MALICIOUS CODE WILL NOT BE PRESENT ON ANY CUSTOMER COMMUNICATION OR DATA FILES.
    33. FORCE MAJEURE: In no event shall imageMEDIA be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, hurricanes, tropical storms or threat of same, strikes, work stoppages, accidents, acts or threats of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, hurricane, threat of hurricane, it being understood that the imageMEDIA shall use reasonable best efforts which are consistent with accepted practices in the printing industry to resume performance as soon as practicable under the circumstances.
    34. POLICY CHANGES: imageMEDIA may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted. This policy was last updated on April 17, 2017.

 

 

END of TERMS AND CONDITIONS: April 17, 2017