Welcome to Smartpress.com. This Web site is provided by The Bernard Group, Inc. as a service to our customers. Please review the following basic rules that govern your use of the Smartpress.com site. Please note that your use of the Smartpress.com site (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms and Conditions.
Although you may “bookmark” a particular portion of this Site, bypassing this Agreement, your use of this Site still binds you to these Terms and Conditions. Smartpress.com reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If you submit a request on the Site to purchase printing products, mailing services, design services or other services, you agree that all charges, taxes and shipping/handling fees will automatically be charged to your credit card or paid by you with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we begin an order.
Payment is collected at the time of order. Once the proof for a print job has been approved by the customer, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. Any delays in printing due to your failing to approve a proof is your responsibility and is not subject to a refund.
Refunds usually are not possible once Smartpress.com begins work on your order. Work will only begin after payment has been made, artwork files uploaded, and job proofs approved. If we verify that Smartpress.com has made an error, we will re-run the order, however we are not responsible for errors in your print files.
If you find a defect in your job which is the responsibility of Smartpress.com we will re-run the order at no additional cost to you. Upon verification of the defect, we will re-run the order with an expedited turnaround time and expedited shipping.
In some cases, a partial or full refund may be extended to you if no work has been completed by Smartpress.com for a specific order. Such refund would be adjusted to cover any fees charged for proofs or other services associated with that order.
Each order made from Smartpress.com is a contract between you, as the customer making the order, and Smartpress.com. Orders placed on behalf of a third party are still your responsibility. As such, any decision by the third party not to accept the particular printed items, or to cancel the order with you does not affect your obligation to Smartpress.com.
Our Sales Tax Policy
Smartpress.com charges sales tax on orders shipped to the state of Minnesota and New York unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.
An online proof will be available for your review after we have received your file upload. You may choose instead to request a hard proof for an aditional fee. Actual time to produce the proof will vary depending on product you order. No job will be sent to press without your approving the job’s proof, whether an online proof or a hard proof. It is your responsibility to log in to your Smartpress.com account and approve your proof. We are not liable for delays in the order caused by your non-approval of the proof.
An online proof is by not intended to be an accurate color reproduction of your printed piece, but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency or overprint issues. Neither do they show color changes resulting from the conversion of RGB or Pantone spot colors to CMYK.
Smartpress.com offers hard copy proofs which show a reasonable likeness to the final printed piece. Such proofs are recommended for color-critical art, and must be requested by the customer when the order is entered on the Site. In certain cases, hard copy proofs are printed on a material different from the actual printed substrate, and while the main purpose of a proof is to show color, some variation can occur. This is particularly true if your job is to be printed on uncoated paper, as the proofing device is not able to simulate the density of the ink on the final printed piece, but only the color. The request for a hard copy proof will involve an additional fee and will 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 Smartpress.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 customer’s responsibility to determine if they need a hard copy proof with their print order.
Smartpress.com will reproduce color from submitted print-ready files as closely as possible, but even under the best circumstances, an exact color match is not possible. This is an inherent limitation in the printing process. The term “color match” refers to the color rendering intent specified in the submitted artwork. If the artwork contains colors specified as Pantone spot colors, Smartpress.com will attempt to match the color as closely as possible. However, only a limited number of Pantone colors can be matched perfectly in the CMYK digital printing process.
The artwork, as it appears on your computer screen, is almost certainly not accurate, since every computer screen renders color differently. An on-screen proof cannot match the color or density of a printed piece. Even different programs on the same computer can render color differently. By placing an order with Smartpress.com you agree to this limitation.
We accept no responsibility for color variations between submitted files and the final printed piece. If color is critical, you should request a hard proof, which will represent the output you can expect very closely. Unless the difference in color is due to an error made by Smartpress.com in the printing process, no requests for a reprint will be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve.
Application of UV or other coatings may effect or change the appearance of the printed colors. We are not liable for the final color appearance of a coated product.
Smartpress.com is not liable for errors in a final product caused by any of the following reasons: spelling or grammar; graphics; bleeds; damaged fonts; improperly specified cuts, folds, die lines, crop marks, transparency, overprints, page alignment, page orientation, or finished product size. Smartpress.com does not make any changes to customer files.
Our prepress department checks all submitted artwork files before printing, but you are still entirely responsible for the accuracy of your print-ready artwork files. We encourage you to proofread all files carefully before submitting them to Smartpress.com.
By submitting the artwork to Smartpress.com, you certify that you have the right to use the image(s) in your artwork files. If do not own the copyright on the art you submit, you certify that you have received permission to use the art from the copyright holder. You further certify that your artwork does not violate any intellectual property rights held by another individual or corporation.
You agree that you will NOT upload any artwork files depicting offensive, indecent or improper subject matter, or material that could give rise to any civil or criminal liability under applicable law. You further agree that your artwork does not infringe upon the privacy rights of any persons depicted in the art. We will refuse an order, which in our opinion may be illegal or an infringement on the rights of any third party.
You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
Printing Turnaround Time
Printing turnaround time begins when you approve your proof. Smartpress.com is not liable for any delay due to an unapproved proof. You are responsible for logging into Smartpress.com and approving your proof. Printing turnaround begins when we have your print-ready file(s), and after you have approved your proof, not when the order was first submitted.
Turnaround time always begins at the next occurrence of 9:00AM Central on a business day. For example, if you approve the proof on a job at 8:50AM Central, the job will go into production that same day. If you approve the proof at 9:10AM, the job will go into production the NEXT business day.
Please note that Smartpress.com is closed Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating turnaround time.
Printing turnaround time for jobs with ground shipping is not guaranteed. We do our best to meet or beat our published dates, but orders with expedited turnaround and/or expedited delivery service do take precedence.
Printing turnaround time for jobs with expedited turnaround and/or shipping is guaranteed. To qualify for the guarantee, we must have approved proofs by 9 AM of the first day of the turnaround period. The guarantee will consider to have been fulfilled when we have delivered the order to the common carrier (usually, UPS). We can not be held accountable for the performance of the common carrier. Things can and sometimes do go wrong with shipping, so if you absolutely have to have your work, plan a few extra days into the job cycle.
If we fail to meet a guaranteed deadline as described above, you will receive a pro-rated refund of any rush charges or a free upgrade of delivery service to meet your required delivery date. Cancellation of an order based on printing turnaround time is only allowed if you indicate in the order notes, when placing the order, that the order is time sensitive and must be shipped by the selected turnaround time.
Unless you choose Mailing Services, you need to select one of the shipping options presented to you on the Site. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up. For instance, a product shipped 2nd Day and picked up on a Thursday would be delivered by end of day Monday.
Shipping transit times vary, and Smartpress.com assumes no responsibility for delays caused by shipping carriers, weather, or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
Smartpress.com’s responsibility is limited to preparing your printing order and submitting it to the carrier for shipping. Smartpress.com is not liable for damages which occur in shipping.
We cannot ship to P.O. Boxes or APO/FPO.
Your mailing list(s), while in the possession of Smartpress.com, are your exclusive property and shall be used only with your instructions. Your mailing list(s) will not be sold or offered for use to any other party, and Smartpress.com will not utilize the list for any other purpose.
All mailing delivery dates are estimates, not guarantees. Smartpress.com’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). Smartpress.com’s responsibility ends when the job is delivered to the Chanhassen, MN post office. In no event shall Smartpress.com be liable for USPS performance failures or delivery delays.
Smartpress.com shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible. Allowable damages shall be limited to the value of the printing work performed. In no case is Smartpress.com liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
The customer will defend and hold Smartpress.com harmless in any suit or court action brought against Smartpress.com or The Bernard Group by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where Smartpress.com, acting as the customer’s agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against Smartpress.com for actions of the customer's employees which may occur as a result of any mailing.
All complaints must be registered within 48 hours of receipt of your final printing job. Should your job contain manufacturing errors and/or defects (as determined by Smartpress.com), Smartpress.com will rerun your job at no charge.
All materials we create in producing your printed product are the property of Smartpress.com. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.
GENERAL TERMS AND CONDITIONS
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 works of Smartpress.com 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.
Corporate Identification and Trademarks
“Smartpress.com”, and any and all other marks appearing on this Site are trademarks of The Bernard Group in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without The Bernard Group’s prior written consent.
The use of Trademarks on any other Web site or network computer environment is prohibited. The Bernard Group prohibits the use of Trademarks as a “hot” link on, or to, any other Web site unless establishment of such a link is pre-approved by The Bernard Group in writing.
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Smartpress.com.
You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping or planning resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Smartpress.com’s prior written consent is prohibited.
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Smartpress.com programs.
Also, please remember that you are responsible for whatever material you submit and that you, not Smartpress.com, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of Smartpress.com.
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMARTPRESS.COM — 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, R 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 Smartpress.com 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.
You agree to defend, indemnify and hold harmless Smartpress.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.
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.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of Smartpress.com. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Smartpress.com, and are neither its employees nor agents.
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.
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.
The internal laws of the State of Minnesota 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 Chanhassen, Minnesota for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.