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TERMS & CONDITIONS



Terms of Sale
Full payment, including shipping and handling is required with order. No work will be processed until payment is received. No refunds once your order has been processed. No partial refunds for work not completed.

Refund Policy
All sales are final. There will be no refunds on orders, unless work has not been started/processed and the refund is requested within 12 hours of the order being placed. In the case of a refund on an unprocessed order, a $15 processing fee will be charged.

Creating Artwork
Please note that Typesetting and Design work are NON-REFUNDABLE. Even if the customer cancels the print order, they will be responsible for paying the full or partial cost depending on how much time our designers have spent on the project.

Files
The customer is 100% responsible for the digital files supplied for printing. If your file is not created and submitted properly, SLM will not be held responsible. Due to the large amount of customers files received each day and to maintain our stated production schedules, submitted files run through our automated processing system which prohibits each file being manually checked. SLM will not double check your files.

Color Proofs
A color "Hard Copy" proof is required on all orders where the artwork is provided by the client and/or the order is color critical. Because of differences in equipment, processing, proofing, paper, inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and completed job shall constitute acceptable delivery. If client does not have a proof, a color match proof must be purchased.

Color Accuracy
We will reproduce color from submitted images, transparencies, slides, photos, or digital layouts as closely as possible, but cannot exactly match color and density (as viewed in a 5000K color controlled light booth) because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction is to be within 85-90% of the original image you submitted. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent.

Indemnification
The customer will indemnify and hold harmless Smart Levels Media, from any and all incidental losses, costs, expenses and damages on any and all manner of claims, demands, actions and proceedings that may be instituted against Smart Levels Media on the grounds alleging that said printing violates any copyright or any proprietary right of any person, business or corporation.

General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SLM—INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, 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.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by SLM for making a Request.

Some states—to the extent their law might be deemed to apply, notwithstanding the selection of California law as described (below)—do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Turnaround
Most Jobs submitted by 5PM PST (Pacific Standard Time) that meet our digital file guidelines and include full payment will be printed within the stated turnaround time depending on the type of work. Business days are Monday to Friday and do not include weekends or holidays. Orders submitted on Saturday, Sunday or holidays will begin on the next business day. Smart Levels Media is not responsible for delays caused by delivery carriers or any damages resulting from the failure to receive a job on time. Orders may not be ready on time due to unforeseen circumstances such as breakdown of equipment, power outages, etc. Therefore turnaround times are not guaranteed.

Changing files
As a courtesy to our customers, Smart Levels Media allows replacement of files sent to the press but not yet printed depending on the job status. We will also make small adjustments to bleeds, sizes and color if files do not meet our guidelines.

Large Format Accessories - Limited Warranty
Smart Levels Media warrants that SLM products will be free from defects in material and workmanship under normal use for 30 days from the date of purchase. SLM shall NOT be held liable or assume any responsibility for products damaged by improper handling, misuse or improper installation. This warranty is limited to the repair or replacement of the defective unit. Returned units are tested and repaired or replaced from our stock of new units. Any units that are determined to be “No Trouble Found” (NTF) shall be returned. Customer is responsible for all shipping/insurance costs to and from SLM. Returns to SLM will be completed within 2-3 working days of receipt of the product by SLM. Smart Levels Media shall not be responsible for any incidental or consequential damages. Smart Levels Medias’ responsibility is limited to the product itself. Smart Levels Media takes no responsibility for any direct or indirect cost, losses or damages however incurred. Smart Levels Media reserves the right to make changes or improvements in design or manufacturing without assuming any obligation to change or improve products previously manufactured. The above warranties are given by Smart Levels Media and are exclusive to SLM products. There are no other warranties other than set forth herein by SLM. Smart Levels Media does not make nor does it give the authority to any agent or representative to make any other warranties, or implied warranties, and expressly excludes SLM from liability related to any implied warranties.

Complaints
All complaints must be registered within 24 hours of receipt of job. Should the job contain manufacturing defects/errors, we will rerun and/or replace at no charge. We maintain the right to judge what a manufacturing defect/error is.

Cut / Size Accuracy

Due to limitations with the Gang-Run printing process, the accuracy of the final cut size is not guaranteed. We accept no responsibility for size variations below or above 1/16" to 1/8”. Smart Levels Media’s Gang-Run process includes a bleed area for some but not all offset products. Some orders are printed to size and cut in by 1/16” to avoid excess from the order next to it. Under no circumstances will a reprint be honored for size variations that have occurred during the printing process within these specifications. If a job needs to be cut to a specific size, please order from our custom size section here www.smartlevels.com/FlyersandPostcards/CustomSize. By placing an order with Smart Levels Media, you agree to this limitation.

Over and Under Run

Not to exceed 5% on quantities ordered, or the percentage agreed on, Smart Levels Media will bill for actual quantity delivered within this tolerance. If customer requires guaranteed exact quantities, client must let their Account Executive know when order is placed.

Unfinished Abandoned Orders
Unfinished orders where we cannot get a hold of customers after 2 weeks (Approximately 14 days), will be canceled. SLM will charge for any work that has been done on the order then close the order and credit (if paid) the difference or the full amount (if no work was performed) to the clients SLM account for future orders. There will be no refunds after 10 working days. Client will be contacted via phone call and email multiple times. SLM will then give the client a final notice phone call and email on the 10th business day.

Finished Abandoned Orders
Finished orders where we cannot get a hold of customers after 4 weeks from the Will Call date (Approximately 30 days), will be recycled (discarded). Our accounting department will close the order. There will be no refunds on any orders after the order has been recycled (discarded). Client will be contacted via phone call and email twice a week for 4 weeks. SLM will then give the client a final notice call and email on the 30th business day. At the end of the 32nd working day from the Will Call date, the order will be recycled (discarded).

Sales Tax
All California orders are subject to sales tax. If customer is tax exempt, exemption certificate must be sent or faxed to us with the first order.

Materials and Samples
All materials we create in producing your job are the property of Smart Levels Media. These materials will not be sold or given to any other party. We reserve the right to distribute free samples of your work and use it in our advertising.

Releasing Artwork:
Customer supplied print ready files will be archived for 30 days from the invoice date. If SLM creates the artwork for the client, we will keep the files for one year. Customers can request a copy of their artwork on a CD or DVD for $35 + shipping or via FTP for $25. The CD/DVD will contain 300 dpi CMYK PDF files. Files must me requested within 30 days of invoice date, after 30 days files will be remove from our server and archived. If customer requires files after 30 days, there will be a $75 charge per file (this is to cover our time to search files on our archives). We reserved the right to delete files from inactive customers. We will NOT release layered files, stock images or fonts used for the project unless customer asks for it before the project is started and the price is adjusted accordingly. THERE'S NO CHARGE TO LOCATE FILES IF THE CUSTOMER IS PLACING A REPRINT ORDER FOR THAT JOB.

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. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.

Copyright Notice
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted by SLM and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Privacy
You confirm that you have read, understood and agree to the SLM Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by SLM, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the SLM Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by SLM in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law
The internal laws of the State of California shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Santa Ana , California for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.

Smart Levels Mailing and Printing INC. also known as (“smartlevels.com", “Smart Levels Media”, “SLM”, "we," "us," "our") | Revised August 25, 2014