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By Placing An Order With MediaFX, Inc.,
You Agree To The Following Terms:
1. Quotations/Estimates
Prices posted on this website are subject to change without notice. Written estimates are good for 30 days. An estimate not accepted within 30 days may be changed.
2. Payment Terms
All orders must be prepaid due to the speed of our turnaround.
3. Orders
MediaFX, Inc. reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. MediaFX, Inc. is not liable for any damages resulting from any violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to us for printing and/or publication.
4. Cancellations
Cancelled orders require compensation for incurred costs and related obligations at the time of cancellation. Due to the speed of our turnaround, you may only cancel a job the same business day you place your order. A minimum charge of $35 is applied to jobs cancelled before our evening cutoff time of 6pm. A minimum charge of $50 is applied to jobs cancelled before plating occurs at 8pm. No refunds will be given for orders cancelled after 8pm of the same business day the order was placed.
5. Accuracy of Specifications
Quotations are based on the accuracy of the specifications provided. MediaFX, Inc. can requote a job at the time of submission if the art does not conform to the information on which the original estimate was based. Orders placed with MediaFX, Inc. are to the client's knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order.
6. Liability
Our liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. MediaFX, Inc. warrants that every product manufactured by it meets industry standard for such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. MediaFX, Inc. makes no other warranty and no actions or words of MediaFX, Inc. or its officers, employees or agents shall constitute a warranty.
7. Indemnification
The customer represents that it has the legal right to produce all printed materials ordered from MediaFX, Inc.. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a "Claim") is made or commenced against MediaFX, Inc. based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by MediaFX, Inc. 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 MediaFX, Inc. harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending MediaFX, Inc. against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing MediaFX, Inc. for any legal fees and expenses it reasonably incurs in responding.
8. Electronic Manuscripts/Images
It is the client's responsibility to maintain a copy of the original computer files, artwork and transparencies. MediaFX, Inc. is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until MediaFX, Inc. can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at our current rates. MediaFX, Inc. does not archive your work for longer than it takes to produce the final product. Please save your work!
9. Alterations/Corrections
Client alterations must be specified in writing and must include all corrections or changes from the original specifications. Such work will be charged at our current rates.
10. Prepress Proofs
When requested by the customer, MediaFX, Inc. will submit color proofs for the customer's review and approval. A minimum shipping charge of $25 is required to send a proof via express air shipping. Proofs must be returned to MediaFX, Inc. marked "O.K." or "Revised Proof Required" and signed by the customer. Until the proof is returned, no additional work will be performed. MediaFX, Inc. will not be responsible for undetected production errors if:
- Proofs are waived by the client;
- The work is printed per the client's written OK;
- Requests for changes are communicated verbally.
All requests for changes of any kind must be made in writing to avoid mistakes.
11. Color Proofing
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a "pleasing color" variation between color proofs and the completed job [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance.
12. Overruns/Underruns
MediaFX, Inc. will normally deliver the exact quantity of goods ordered plus a small additional amount. There is no extra charge for the additional amount. In the event of an underrun, MediaFX, Inc. will bill for the actual quantity delivered. The generally accepted trade practice is plus or minus 5%.
13. Delivery
Charges for delivery of materials and supplies from the client or the client's supplier to MediaFX, Inc. are not included in quotations unless specified. MediaFX, Inc. is not responsible for delays and/or damage incurred during shipping. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever comes first.
14. Claims
Claims for defects, damages, or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made, MediaFX, Inc. and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that MediaFX, Inc.'s performance has fully satisfied all terms, conditions and specifications.
15. Disputes & Venue
For legal purposes, the venue for any dispute shall be Hillsborough County, Florida, USA
16. Right to Subcontract
MediaFX, Inc. shall have the right to assign any portion of the work required to another contractor
17. Workmanship Guarantee
We guarantee all orders to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the order or issue the customer a refund at our discretion.
18. Turnaround Guarantee
MediaFX, Inc. strives itself on meeting all reasonable deadlines that are agreed upon between client and MediaFX representative. We go above and beyond the call of duty to deliver your product on time. Keep in mind we deal with a large amount of orders daily and printing is a very intricate process so please try to allow extra days for production. Rush orders may require an additional rush fee in order to bump previous orders for your order. We estimate that all orders will be ready to ship within the turnaround time listed under the product you are ordering. Turnaround times are estimated from the time you complete your order with payment. Folded, scored, die cut, or any other jobs that require any production besides printing and cutting may require several extra days.
19. Privacy Statement
Any information MediaFX, Inc. collects from order processing or from any inquiries is not shared with any other company. Your information is only used for contact, billing, and shipping purposes. Your credit card information is never stored by MediaFX, Inc..
20. Samples
MediaFX, Inc. might use your product for samples or advertising purposes.
21. Billing
Your credit card bill will read "MediaFX, Inc."
22. Inkjet Proofs
Inkjet and laser prints are known to look substantially different than offset printing. We offer quick turnaround and low prices by printing to a "pleasing color" standard, using standard ink densities. There is no guarantee that your finished piece will match your printed sample. This is due to the varying results from different output devices including inkjet printers, continuous tone proofing devices, and film-based proofs.
23. Changes
MediaFX, Inc. may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we tell you otherwise. This policy was last changed on March 1, 2005
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