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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

These Terms and Conditions are to apply in all dealings, commercial and private with Toms’s Instant Printing and governs commerce and transactions with same. For the purposes of these Terms and Conditions, unless otherwise noted, all references to Tom’s instant Printing is to include Tom’s Printing, Promotions by Tom’s as well as www.tomsprinting.biz, www.tomsprinting.net, and  www.promotionsbytoms.net which are seen to be the commercial interaction between the customer/consumer and Tom’s Instant Printing. The Tom’s Printing website is an ecommerce site.

By using the Tom’s Printing website(s), you consent to the data practices described in this statement and agree to the conditions for, policies of, and the collection of information needed to transact such practices as described in the Privacy Policy.

 

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 - Tom’s Printing reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. Tom’s Printing 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 Tom’s Printing for printing and/or publication.

 

4. Cancellations – All cancelations must occur within the four (4) business hours of approval by the client/customer, via email to: Service@TomsPrinting.biz. Canceled orders require compensation for incurred costs and related obligations at the time of cancellation. Due to the speed of our turnaround, cancellations requested after production begins cannot be refunded. A minimum charge of $20 or 15% of total order (whichever is greater) is applied to jobs canceled before production begins. All cancellations must be submitted in writing via email before production begins. Tom’s Printing reserves the right to set, and adhere to, its own internal production schedule.

 

5. Refunds - Once an order is placed on our website for production, there are no refunds. Should an order be cancelled in the appropriate manner during the allotted cancellation period (See section 4 of our terms and conditions for our cancellation policy), Tom’s Printing will issue a credit for future orders for whatever amount (if any) is owed to the client. In no case shall Tom’s Printing issue a refund or offer anything other than a credit against future orders. Should the client abandon their order for whatever reason, they will not be entitled to a refund for any printing, postage, mailing, shipping or design fees. Any orders abandoned will be issued a credit at the sole discretion of Tom’s Printing.

 

6. Accuracy of Specifications - Quotations are based on the accuracy of the specifications provided. Tom’s Printing reserves the right to requote a job at the time of submission if the accompanying art does not conform to the information on which the original estimate was based. Orders placed with Tom’s Printing are, to the service provider’s  knowledge, correct, and there are no conditions or agreements relating to the accuracy/relevancy of such an order so-placed which would make Tom’s Printing liable for inaccuracies included as accurate by the provider’s client.

 

7. Liability - Tom’s Printing 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. Tom’s Printing 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. Tom’s Printing makes no other warranty and no actions or words of Tom’s Printing or its officers, employees or agents shall constitute a warranty.

 

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

 

9. Electronic Manuscripts/Images - It is the client's responsibility to maintain a copy of the original computer files, artwork and transparencies. Tom’s Printing 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 Tom’s Printing 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. Tom’s Printing reserves the right to keep files necessary to produce, reproduce, edit or provide to outside providers necessary to complete orders. These files will remain on-file with Tom’s Printing for no more than 5-years or until such time as the client/customer requests in writing to have the files either transferred or destroyed.

 

10. 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.

 

11. Proofs – In all cases not covered in this section, Tom’s Printing will supply the first of three (3) electronic Proofs to the customer to the email provided at the time of order. Only when requested by the customer in writing, will Tom’s Printing submit color proofs via mail for the customer's review and approval.  A high-resolution color proof is available for an additional $60 on all printed material excluding gang-run items.  A minimum shipping charge of $25 is required to send a proof via express air shipping. Proofs must be returned to Tom’s Printing marked "O.K." or "Revised Proof Required" and signed by the customer. Until the proof is returned, no additional work will be performed. Tom’s Printing m 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.

 

12. 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.

 

13. Overruns/Underruns - Tom’s Printing will normally deliver the exact quantity of goods ordered plus a small additional amount. There is no extra charge for the additional amount. The generally accepted trade practice is plus or minus 10%.

 

14. Delivery - Charges for delivery of materials and supplies from the client or the client's supplier to Tom’s Printing are not included in quotations unless specified. Tom’s Printing 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.

 

15. Claims - Claims for defects, damages, or shortages must be made by the client in writing no later than 48 Hours after delivery. If no such claim is made, Tom’s Printing and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that Tom’s Printing’s performance has fully satisfied all terms, conditions and specifications. Under no circumstances shall postage be credited or refunded. Customer acknowledges that once your job leaves our facility, Tom’s Printing is in no way responsible for the delivery of your mail. Any claims for failure of mail to reach its' intended destination, tardiness of mail delivery, etc. shall not be considered and no compensation of any type will be offered. Customer understands and agrees that if they should attempt to reverse a credit card charge (chargeback) and are unsuccessful (defined as losing the chargeback dispute) that Tom’s Printing shall be entitled to recover costs associated with the chargeback such as accounting and legal time. Customer agrees to pay either 50% of the cost of their order or $250.00 - whichever is greater. Customer expressly authorizes Tom’s Printing to charge their credit card for the appropriate fees upon notification from either Visa, MasterCard or American Express that the dispute has been decided in favor of Tom’s Printing and agrees to waive any protest to said charge.

 

16. Disputes & Venue - For legal purposes, the venue for any dispute shall be Duval County, Florida, USA.

 

17. Right to Subcontract - Tom’s Printing shall have the right to assign any portion of the work required to another contractor.

 

18. Workmanship Guarantee - Because of the nature of our turnaround policy, Tom’s Printing shall not be held responsible for the following issues which may occur during our production process: variation in color, cutting variations, marking, picking, etc. The client/customer understands it is possible that all printed materials may be trimmed by 1/16th of an inch undersized on all sides (please address all art appropriately). Customer acknowledges that they are receiving printing at a substantial price discount and expedited delivery times and thus said printing will not generally be held to the same standard as traditional offset lithography nor generally accepted printing standards. Tom’s Printing will make every effort to adhere to the established industry standards, but reserves the right to solely refuse reprints/refunds in disputes arising from issues of quality.

 

19. Turnaround Guarantee - Tom’s Printing estimates that all orders on 80lb card stock containing only thermography (raised-print) will be ready to ship within 1-business day from the business day that the order was approved. All orders placed after 2pm EST. will be considered as ordered the following business day. Tom’s Printing will aim to complete your job in the 1-day turnaround, but cannot guarantee a specific shipping or delivery date. The 1-day turnaround is an estimate, not a guarantee. Thermography business-card orders are the only products that have the estimated turnaround. This turnaround does not apply to pieces that need to be folded, scored, die cut, perforated, drilled or any other finishing besides printing and cutting. Please Note: We are not responsible for delays due to equipment failure.

 

20. Privacy Statement - Any information Tom’s Printing 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 Tom’s Printing. Please see our Privacy Policy for more information.

 

21. Samples - Tom’s Printing might use your product for samples or advertising purposes.

 

22. Billing/Promotional Pricing - Your credit card bill will read "Tom’s Printing " From time to time we may offer promotional discounts or special pricing. If you receive a promotional code, this code must be entered online at the time your order is placed. Under no circumstances will we credit, refund or in any way compensate you or honor this promotional price if you fail to enter this code. Promotional discounts and special pricing are subject to change without notice and may be withdrawn at anytime using our sole discretion. Likewise, Tom’s Printing reserves the right to deny promotional discounts or special pricing should we deem the promotional code used was obtained fraudulently.

 

23. Changes - Tom’s Printing 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 updated on May 27, 2011.