Printing Terms of Service
The ‘Printing Terms of Service’ outlined hereafter are made effective immediately, by and between AW Design Group Ltd.(Designer), of Edmonton, Canada, and the recipient of this document (Client), whether in a physical or digital capacity.
Terms and Conditions
A 50% deposit is due to commence project, with the remaining 50% due upon final completion and client satisfaction. Final design files will be delivered after the final invoice is settled.
2. Proof Approval For Print
The Client (sometimes referred to for convenience as “you”) is fully responsible for carefully inspecting the final digital proof and provide layout approval prior to the printing process. AW Design Group Ltd. and its affiliate brands is NOT LIABLE for errors in a final product caused by any of the following reasons:
• Content/Text mistakes such as misspelling, punctuation, incorrect contact information, and any other
errors that the client did not catch in the final proof stage. The final proof will be used for reference.
• Incorrect file size ordered: We will confirm the final size in our proof.
It is the Client’s responsibility to ensure all files provided have the appropriate license or approval of usage. The Client may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed with AW Design Group Ltd. and its affiliate brands. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. It is the Client’s responsibility to ensure all files provided have the appropriate license or approval of usage.
4. Cancellations and Refunds
Orders cannot be cancelled after the final digital proof has been accepted and you provide your approval to commence printing. Cancelling a project before final completion will result in cancellation fees up to 100% of the remaining balance of the project invoice.
5. Client Responsibility
5.1 The Client shall furnish the Designer with specific information on their requirements
5.2 The Client shall give due consideration to all matters relating to the printing process/prepress, and act
promptly where decisions are required to prevent delays in the Designers’ work.
5.4 The Client will provide the Designer with the Name, Address and Contact Name for
addressing of Invoices
5.5 Payment is to be made by the Client to the Designer upon receipt of Invoice
6. Turnaround Times
Turnaround times are ESTIMATED and are not guaranteed. Turnaround times are increased when any assets relevant to the completion of the project have not been submitted by the Client as of the project initiation. Any delays caused by failure to submit relevant assets, or insufficient asset quality, are not the responsibility of AW Design Group Ltd. and its affiliate brands, and will act to increase the Turnaround time. AW Design Group Ltd. and its affiliate brands is not responsible for any damages pertaining to a later delivery date than what has been estimated. Orders cannot be cancelled or refunded on this basis.
It is the Client’s responsibility to ensure all files provided have the appropriate license or approval of usage. This includes trademarks, service marks, logos, words, names, photographs, and other authors of original works.
8. Client-supplied Artwork / Artwork Warnings
Client agrees that any artwork, graphics, photos, logos and files provide to the Designer are royalty-free or the full rights or permissions are obtained to using such items. The Designer is not liable for any damages resulting in client provided files that infringe on the rights of others. Any artwork supplied by the client must be of sufficient quality, pertinent to the scope of the project. This can include but is not limited to: resolution, file type, legibility of text, copy and content. Delays to the project will occur if the assets are not obtained to sufficient specification, and in a timely manner. Our policy also states that we have the right to refuse the usage of any materials or content provided by the Client at our sole discretion.
9. Code of Fair Practice
The Designer warrants and represents that, to the best of their knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.
10. Limitation of Liability
Client agrees that it shall not hold the Designer liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.
12. Governing Laws
This Agreement will be governed by the laws in force in Canada and the Province of Alberta excluding the application of its conflicts of law rules. All matters in dispute under this Agreement shall be submitted to arbitration at the insistence of either party. The laws of the Province of Alberta shall govern the arbitration.
13. Acceptance of Terms
Signing will hold both parties in acceptance of these terms. The Designer and the client will acknowledge acceptance of these terms through signing, noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Signatures shall be considered legal and binding. Alternatively, the action of the sending and receipt of this agreement via electronic method (not limited to but inclusive of e-mail, text messaging and facsimile/fax) will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding. Payment of the 50% deposit is due immediately upon signature, with an option for 100% payment. Forms of payment accepted are cash, cheque, e-transfer, Interac debit, VISA and MasterCard. Amounts charged via VISA or MasterCard of over $2500 CAD will incur a 3% credit transaction fee.