Terms And Conditions
Last updated: august 27, 2019
BANKEMPRINTING.COM is owned and operated by BANKEM, LLC.
By visiting, using, and/or registering with the bankemprinting.com website (“site”), you (referred to hereafter as “you”, “your” or “user”) agree to be bound by the following terms and conditions (the “terms & conditions”).
The terms & conditions constitute a legally binding agreement between you and digital room, LLC (hereafter also referred to as “BANKEM PRINTING”, “we”, “us”, or “our”) and govern any and all use of the site by any and all users of the site and any services offered therefrom.
If you do not agree to all of the terms & conditions, please do not use the site or any services offered or accessed through the site. in the event you (or the business entity whom you represent or are acting on behalf) have a separate agreement with the digital room, LLC, the terms of that separate agreement shall govern to the extent they are inconsistent with or otherwise conflict with any of the terms & conditions herein.
These terms & conditions also include the order terms and conditions set forth below, which are incorporated by reference into and form a part of these terms & conditions.
LIMITATION OF LIABILITY
In no event shall the covered parties’ total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence) arising from this agreement or your use of the site exceed the amount paid by you to us for the requested product and/or service.
To the fullest extent permitted by law, in no event shall bankem printing – including its officers, directors, employees, representatives, successors, assigns, or affiliates (collectively, the “covered parties”) – be liable for any claim, damage, injury, death, loss, 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. Some jurisdictions do not permit the exclusion of liability for incidental or consequential damages, and as a result, some of the above exclusions may not apply to certain users. Under no circumstances shall BANKEM PRINTING be liable to you or any other customer for said customer’s loss of business, loss of profits, postage, or other incidental or consequential damages suffered by such customer as a result of our error, mistake, or failure to perform services.
Bankem Printing reserves the right to terminate your account and access to the Site and its services at any time. Termination by Bankem Printing may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue the use of the Site.
Updating these Terms
We may modify these Terms & Conditions from time to time at our sole discretion, in which case we will update the “Last Updated” date at the top of these Terms & Conditions. It is your sole responsibility to review the Terms & Conditions from time to time to view any such changes. The updated Terms & Conditions will be effective as of the time of posting, or such later date as may be specified in the updated Terms & Conditions. Your continued access or use of the Site after the modifications have become effective will be deemed your acceptance of the modified Terms & Conditions.
Changes to the Site
We reserve the right, for any reason, at our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features, or hours of availability. We may impose limits on certain features of the Site and/or restrict your access to any part or all of the Site without notice or penalty. You agree that Bankem Printing will not be liable to you or to any third party for any such limitation, modification, suspension, or discontinuance of the Site.
If requested, after we have received your files for print, an online proof will be available for your review. Actual time will vary depending on our current workload. Jobs with proof requests will not be sent to press without your approval unless the proof approval is explicitly waived. Should you not approve your proof, we will print it as is and are thereby not at all responsible for the final quality or accuracy of the product. It is the User’s responsibility to log in to their account and check the proof. We are not at all liable for delays in the order caused by the User’s non-approval or delayed approval, of the proof. We do reserve the right, at our discretion, to make minor changes to the proof and product as needed for the efficacy of printing.
An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops, and final text. Electronic proofs do not show transparency and overprint issues. Nor do they show color change from RGB or Pantone to CMYK.
The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation, or image placement. The user is fully responsible for all that is contained in the final approved proof.
PrintPlace.com offers hard copy proofs that show a reasonable representation of the final printed product. Such proofs are recommended for color-critical art and must be requested by the User when the print order is made. Hard copy proofs are printed on a substrate different from the actual paper stock and while its main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not offer hard copy proofs for art that would be printed on uncoated paper.
The request for a hard copy proof may involve an additional fee and would extend the amount of time needed to complete the job. For orders where a hard copy proof has been requested, the approval must be received by bankemprinting.com on or before our published cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, it is the User’s responsibility to determine if they need a hard copy proof with their print order.
No Liability for Errors
Bankem Printing is not liable for errors in a final product caused by any of the following reasons:
- Spelling, punctuation, and/or grammatical errors
- Low resolution or low-quality graphics and images
- Overprint issues
- Damaged fonts
- Transparency issues
- Artwork files that are not created following our 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
- Incorrect file orientation
- Cutting variances
- Cracking on folds
- Damage to products after delivery to User
- Incorrect or undeliverable shipping address
The user is responsible for reviewing their files and correcting any issues prior to placing the order.
Over print and under print Policy
Due to the gang-run method that bankemprinting.com uses, we cannot guarantee that every order will result in the exact number of items which was ordered. We can only guarantee that the order will come within plus or minus 10% of the number of items ordered. Although rare, in the event of an under run, if over 10% of the order quantity, we will either refund or give you Store Credit for the quantity of pieces we were “short”.
Prior to printing, our prepress department checks all submitted artwork files. However, you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files before submitting them to bankemprinting.com. We are not in any way responsible for any issues as to the orientation or alignment of the pages of your submitted artwork. By submitting the artwork to bankemprinting.com, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints, or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for the loss or damage of images or artwork.
Bankemprinting.com may also provide artwork design tools that offer a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use and offer all such elements to other parties in the future. Other Bankemprinting.com Users may use the same design tools to create images that may have similar or identical combinations of these elements. We provide no warranty of any kind that artwork created using the design tool will not infringe, or be subject to a claim of infringing, on the trademark, copyright, or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name, or design is legally available for your use and does not infringe on another party’s rights.
We may, based on our sole discretion, set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. We are not responsible for the deletion or failure to store any file whether uploaded or designed on our website. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.