ProSmart Printing

Terms & Conditions.

By Placing An Order On prosmartprinting.com, You Agree To The Following Terms:

 

ProSmart Printing offers online printing services and shipping to 48 US States. Delivery time indicates total production and shipping time. Delivery time is indicated using business days, Monday-Friday, exluding holidays. Standard shipping typically utilizes UPS Ground® Shipping. Availabitlity. Printing services and online ordering available to select locations. Shipping is available to select locations. Delivery is available to specific locations. Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. ProSmart Printing and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

 

1. Quotations/Estimates

Prices posted on this website are subject to change without notice. Estimates are good for 90 days. An estimate not accepted within 90 days may be changed.

 

2. Payment Terms

Orders must be prepaid unless credit terms have been acknowledged by ProSmart Printing. In the event the details of an order/job have been modified and an unpaid balance is created, the card used to place the original order will be charged. Charges typically will occur within 24-48 hours of the modification, but can take up to 45 days.

 

3. Late Payments

All payments that are not received within 30 days from when the order was placed or by agreed upon date will be assessed a 20% late payment charge.

 

4. Orders

ProSmart Printing reserves the right to upgrade the coating or quantity, at no additional charge, for any product ordered (excluding mailer pieces or unless otherwise stated in the details/special instructions). prosmartprinting.com also reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. prosmartprinting.com is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to prosmartprinting.com for printing and/or publication.

 

5. Order Approval/Proofing

ProSmart Printing does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc). If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.

 

ProSmart Printing has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a prosmartprinting.com customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that prosmartprinting.com will review any other order you place. Orders are printed in their "as submitted" form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. ProSmart Printing DOES NOT make any changes on customer files. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. ProSmart Printing will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.

 

6. Free Design Service

Design services are included at no charge on indicated products. These design services involve page layout using customer provided logo, images, and other digital content. Extensive graphic and logo design are provided with additional charges. Other limitations and restrictions may apply.

 

7. Current Specials

In order to receive the discounts associated with ProSmart Printing's "Current Specials", you must input the appropriate/relevant promotion code when placing your order. If you do not input the appropriate/relevant promotion code, you WILL NOT receive a discount and discounts will not be applied retroactively after the order has been placed. If participating in company specials or receiving discounts, you agree to be a member of our mailing list; if you are not already and you also agree to authorize ProSmart Printing to tag your printed flyer (see section 4) unless you are a reseller or otherwise agreed upon. Specials are only available to eligible customers and specials can be updated at any time.

 

8. Cancellations

Cancelled orders require compensation for incurred costs and related obligations at the time of cancellation. No refunds will be issued for orders cancelled after production has begun.

 

9. General Refund Policy

ProSmart Printing will issue refunds at its own discretion.

 

10. Credit Card Forced Refund/Chargeback Policy

All credit card issues and/or disputes on products or services purchased by your credit card authorization from ProSmart Printing shall be dealt with between the customer and ProSmart Printing. By agreeing to these terms and conditions the customer agrees to never chargeback a purchase for any reason.

 

11. Payment Options

You may purchase merchandise from this website by using any one of the payment options listed in (link to Payment Options). ProSmart Printing reserves the right to change its payment procedures at any time without prior notice to you.

 

12. Accuracy of Specifications

Quotations are based on the accuracy of the specifications provided. prosmartprinting.com can re-quote 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 prosmartprinting.com 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.

 

13. Liability

prosmartprinting.com's 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. prosmartprinting.com warrants that every product manufactured meets the industry standard for that 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. prosmartprinting.com makes no other warranty and no actions or words of prosmartprinting.com or its officers, employees or agents shall constitute a warranty.

 

14. Governing Law and Arbitration

Any dispute between any of the parties hereto or any claim by a party against another party arising out of or relating to this Agreement or any alleged breach thereof, shall be determined by arbitration in accordance with the commercial arbitration rules then in force with the American Arbitration Association. The arbitration shall be conducted in Little Rock, AR and shall be subject to the substantive law of the State of AR. The decision rendered by the arbitrator shall be accompanied by a written opinion in support thereof and shall be final, conclusive and binding upon the parties in the dispute without right of appeal. Judgment upon any such decision may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the decision of an order of enforcement, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the parties against whom enforcement is ordered. The fees and expenses of such arbitration shall be borne by the non-prevailing party, as determined by such arbitration.

 

15. Indemnification

The customer represents that it has the legal right to produce all printed materials ordered from prosmartprinting.com. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a "Claim") is made or commenced against prosmartprinting.com based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by prosmartprinting.com 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 prosmartprinting.com harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending prosmartprinting.com against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing prosmartprinting.com for any legal fees and expenses it reasonably incurs in responding.

 

16. Electronic Manuscripts/Images

It is the client's responsibility to maintain a copy of the original computer files, artwork and transparencies. prosmartprinting.com 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 prosmartprinting.com 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. prosmartprinting.com does not archive your work for longer than it takes to produce the final product. Please save your work!

 

17. 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 design rate.

 

18. Prepress/Hardcopy Proofs

When ordered by the customer, prosmartprinting.com will submit color proofs for the customer's review and approval. Shipping charges may be assessed when sending a proof via mail, courier or any means other then pickup. To request a proof you must order it through the website shopping cart system when placing your print order. Proofs must be returned to prosmartprinting.com marked "O.K." or "Revised Proof Required" and signed by the customer. Until the proof is returned, no additional work will be performed. prosmartprinting.com 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.

 

19. 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.

 

20. Overruns/Underruns

The generally accepted trade practice is plus or minus 10%.

 

21. Delivery/3rd Party Shipping/Pickup

Charges for delivery of materials and supplies from the client or the client's supplier to prosmartprinting.com are not included in quotations unless specified. prosmartprinting.com 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. If the "pickup" option is selected when the order is originally placed you will have 15 calendar days to retrieve materials. If more than 15 calendar days elapses the order is considered abandoned and ProSmart Printing has the right to discard materials, unless otherwise agreed upon in writing. Orders that have delivery or shipping selected will be shipped immediately upon completion. Shipping carriers visit our plant mon-fri (4pm-6pm) and pickup completed orders, exceptions are holidays or if the office is closed due to inclement weather. If your order is not ready by the time the shipping carrier visits our plant, your order will be picked up the following business day. Airline cargo is handled differently, as we take those orders directly to the airport. If you will be picking up your order on a Saturday, please be aware Saturday pickup is a courtesy service and is by appointment only. If Saturday pickup is available you will be contacted prior to Saturday and be given an exact time that someone will be available; please be aware Saturday pickup is a courtesy service and is by appointment only.

 

22. 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, prosmartprinting.com and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that prosmartprinting.com's performance has fully satisfied all terms, conditions and specifications. Any disputes on products or services purchased by your credit card authorization from prosmartprinting.com shall be dealt with between the customer and prosmartprinting.com.

 

23. Right to Subcontract

prosmartprinting.com shall have the right to assign any portion of the work required to another vendor.

 

24. Workmanship Guarantee

We guarantee all orders to be within "gang run" specs and to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the job or issue the customer a credit at our discretion.

 

*Important information:

Print turnaround is based from when production begins.

When placing an order we will print the corresponding size that is selected unless otherwise stated in the details/special instructions. The final piece MAY slide up, down, left, or right 1/16th inch to 1/8th inch in either direction. So we strongly recommend that you DO NOT use borders in your artwork.

The final piece MAY be cut slightly uneven, 0 to 10 degree shifts are considered acceptable. When reordering, colors MAY be slightly different then original order. (unless a proof is purchased and color matching is purchased for an additional fee).

If files are submitted and do not meet our bleed specifications, ProSmart Printing reserves the right to add a border to the artwork.  If files are submitted in RGB mode, you are authorizing ProSmart Printing to convert the file(s) to CMYK mode. (converting files from RGB to CMYK may cause color shifting as well as other undesirable results). If we only receive one file for a job we will assume that file is to be used for side 1 and side two is blank, unless otherwise stated. We will NOT accept files that are emailed. All orders MUST be placed through the website.

 

25. Reprints

If for any reason we must reprint a job, we MUST use the original files uploaded. Under no circumstances will we accept new files for the reprint.

 

26. Turnaround Estimate

Purchasing non-standard upgraded turnaround should NOT be construed as a guarantee and does not apply to any additional production. Additional production includes, but is not limited to folding, scoring, perforating, die-cutting and drilling. (please see section 23., sub category a. for more information on when printing occurs.

Print turnaround times displayed on the price calculator page are only estimates. At ProSmart Printing's discretion, if a job does ship by the estimated turnaround, ProSmart Printing may issue a store credit towards the customer's next order, but the customer must request this credit. The amount of the credit is at the discretion of ProSmart Printing. Resellers do not qualify for store credit. Exceptions to the issuance of store credit include, but are not limited to equipment failure/power outages, 3rd party shipping errors and "acts of god".

 

27. Privacy Statement

Any information prosmartprinting.com collects from order processing or from any inquiries is not shared with any other company. Your information is only used for contact, current special notification, billing, and shipping purposes only.

 

28. Samples

ProSmart Printing may use your product for samples or advertising purposes.

 

29. Billing

Our name will appear as ProSmart Printing on your credit card statement.

 

30. Billing Penalties

There will be a $25 charge for all returned checks

 

31. 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 proof. This is due to the varying results from different output devices including inkjet printers, continuous tone proofing devices, and film-based proofs.

 

32. Changes to our Terms & Conditions Policy

prosmartprinting.com 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 state otherwise.

 

33. Critical Color Reproduction Information

ProSmart Printing utilizes a process of printing referred to as "Gang-Run Printing" which provides affordable four-color printing. "Gang-Run Printing" will group your job with other jobs allowing overall production costs and expenses to be shared with our other customers. Because of variances in paper, equipment, inks, and other conditions between color proofing and production pressroom operations, a "pleasing color" [as determined by generally accepted trade technical methods] is to be expected with gang-run printing. When such a variation occurs, it will be considered acceptable performance. ProSmart Printing accepts no responsibility for color variations between submitted files and the final printed piece acheived from utilizing the gang-run process. Under NO circumstances will a reprint be honored for color variations that have occurred during the gang-run printing process. If you require a more precise printed product please request a custom quote. By placing an order you are agreeing to all of our terms and conditions.

 

34. Stock Images

Stock images offered are incorporated into print and design projects.  Licensing is handled by ProSmart Printing using standard licensing.  Limitations and restrictions apply.

 

35. Online ordering & payment

Online ordering and checkout on secure SSL servers (Secure Sockets Layer)  Payment accepted MasterCard, Visa, American Express, and Discover.

 

36. Copyright Notice

All content appearing on this Web site is the property of ProSmart Printing. Copyright © 2017 ProSmart Printing. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2017 ProSmart Printing. All rights reserved.

 

37. Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by ProSmart Printing. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of ProSmart Printing or any third party, except as expressly granted herein.

 

38. Terms of Use

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. ProSmart Printing and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if ProSmart Printing believes that customer conduct violates applicable law or is harmful to the interests of ProSmart Printing and its subsidiaries.

 

39. Privacy Policy

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. ProSmart Printing and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if ProSmart Printing believes that customer conduct violates applicable law or is harmful to the interests of ProSmart Printing and its subsidiaries.

 

40. Shipping and Delivery

At this time, ProSmart Printing ships merchandise to locations within the 48 continental US States. Delivery times indicated are "business days."  Business days are the same as UPS business shipping days, which excludes weekends and holidays. Delivery times can be affected by design, proofing and editing processes. Delivery can also be affected by the effect of weather, etc. on shipping carriers. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

 

41. Warranties

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. ProSmart Printing makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. ProSmart Printing SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL ProSmart Printing BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

-- OR Depending on State --

 

The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by ProSmart Printing.

The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. ProSmart Printing is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon. The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not ProSmart Printing. The inclusion of material on this server does not imply any endorsement by ProSmart Printing, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although ProSmart Printing tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

 

42. Legal Notice

All notices from ProSmart Printing to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to ProSmart Printing shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at: ProSmart Printing, 14524 Cantrell Road, Suite 140, Little Rock, AR 72223. Delivery shall be deemed to have been made by You to ProSmart Printing five (5) days after the date sent.

 

43. Miscellaneous

 

VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. ProSmart Printing and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

 

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of ProSmart Printing shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and ProSmart Printing with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and ProSmart Printing with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by ProSmart Printing. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.