Last Updated October 6 2013. For archival versions, please contact email@example.com.
From here on "Inkly.ca" refers to the printing company, its suppliers and sub-contractors, providing you the Customer, with printing, pre-press, graphic design and finishing services (in any or neither combination). "Us", “We” or "Our" refers to Inkly.ca, the company offering any services to you, the Customer. "Design" or "design fee" refers to the fee billed or included in an estimate that represents the labour of Inkly.ca to create, modify or produce graphic design, layout or other artwork and media. "Design time" refers to the physical time that Inkly.ca spends on creating any material desired by the Customer for each project, with the potential to be billed to the Customer depending on the terms agreed to. "Prices" or "____ Prices" refers to any fees charged to the Customer that relate to each project that may include (but not limiting to) design, printing, pre-press, and finishing, as well as shipping and handling fees. “Promotions” refers to any Sale, Promotion, Promo Code, Coupon, and Discount made available for purchase of Inkly.ca services and/or products. "Customer" refers to you, the party requesting service and/or products from Inkly.ca and using services and/or products provided by Inkly.ca. "Services" refers to the service(s) provided by Inkly.ca to its customers, including, but not limited to, design of requested material, use of space on internet servers for the purpose of storing data to be transmitted across the internet to sub-contractors and Customers, use of internet servers to process data and return information to visitors at customer web site(s), sub-contracted printing and finishing services. "PayPal®"refers to a company that may be used to authorize and enable payment for orders and/or products purchased by a Customer through Inkly.ca. “FedEx®” and “UPS®” refer to a company which will act as couriers for delivering purchased products and orders from Inkly.ca. "Personal information" refers to any of the information of someone's residential or business address, as well as all other contact information pertaining to this one person or their organization/business. "Production", "produce", "produced", “print”, “prepare”, “pre-press” "create", "created" and "creation" refers to the labour on the product that requires printing and finishing services (but not limited to such services) of any kind or any content or artwork. “Website” refers to any accessible and/or non-accessible content in any form or manner hosted at any domains affiliated with “http://inkly.ca” or our parent company, Quedge Design, “http://quedgedesign.com”. "Inkly.ca Terms and Conditions", as well as "this document" or "this agreement" refers to the terms in this document as well as any other applied terms and conditions/rules and regulations that are displayed and (if) agreed to by the Customer. The currency listed or intended within this agreement is assumed in Canadian (CDN) Dollars.
Inkly.ca reserves the right to assign sub-contractors to any project as required, graphic content and printing services may be provided by Inkly.ca using third parties. Inkly.ca acts as the Customer's agent in these matters and the Customer accepts that the third party has sole liability to provide such services under their own policies and terms (may or may not be linked to in this document) that the Customer hereby accepts to such terms and policies as well as the acceptance of liability in which may be caused due to any of which, but not limiting to usage conducted by the Customer that contradicts the terms and policies set by any and all sub-contractors/third parties. For privacy concerns affiliated with the use of sub-contractors, please see the 'Privacy' section in this document.
3. Pricing And Production:
Prices, products, availability and the Inkly.ca terms and conditions are subject to change with, or without notice until a rendered invoice or order total is paid in full by the Customer. Inkly.ca reserves the right to deem some projects worthy to bear a requirement for a deposit, and others of no requirement. All design and/or prepress fees are respective of their time limit. If the design time and/or prepress time is shortly under the designated time limit, you will still be charged the price of the design time included in the estimate. All printing prices are respective of the specified material, ink and quality as displayed on pricing material, unless otherwise specified in a quote or other pricing material. We only sell and ship to select Canadian addresses, in Canadian currency. We reserve the right to refuse or refund certain orders if we deem the shipping address to be out of our current shipping abilities. We reserve the right to refuse or cancel your order at any given time. If the cancellation of the order is claimed by us after you have paid the full fee or a deposit, you will receive a full refund of whatever paid for by the Customer on the date that the cancellation is claimed by Inkly.ca. If the Customer wishes to cancel or make a change to their order, they must adhere to the Cancellation Policy listed in this document (see 'Cancellation Policies'). Any coupons/offers/promo codes are valid for one use per customer, and cannot be combined unless otherwise noted on specific conditions found directly on the coupon/offer/promo codes. Coupons/offers/promo codes for any products or services offered at Inkly.ca are limited to both the terms listed where the coupon/offer/promo code is found in addition to the Terms and Conditions and the “Promotions” section found in this document.
From time to time Inkly.ca may offer (but is not obligated to offer) promotions and special offers identified by a Coupon Code. Each Coupon Code will have different requirements and rewards. Typically, you will receive a physical Coupon or an email that contains the Coupon Code. If you receive a Coupon or email that contains a Coupon Code, please read it carefully -- all requirements stated in the Coupon or email must be met in order to receive or take advantage of the promotion or special offer. Unless otherwise stated all Coupon Codes are limited to one-time use and are limited to the user, individual, or Customer to whom the Coupon or Promotion has been sent or addressed to.
To use a provided Promotion, an alphanumeric code that is enclosed in the Promotion must be applied to the applicable field when in the Checkout of Inkly.ca, and before you are redirected online to PayPal®’s payment gateway. It is not our responsibility to assure that the Promotion is applied to your order total, and you are encouraged to review the order total before paying to assure that the discount or otherwise listed promotion has been applied. Promotions cannot be used to pay or discount taxes, pre-press fees, shipping and handling fees, or other fees. No Promotions can be exchanged for cash value. Inkly.ca reserves the right to cancel or alter a Promotion at any time with or without notice.
5. Customer Agreements:
Before the customer is allowed to checkout and pay for the items in their shopping cart, they will be prompted to agree to the Inkly.ca Terms and Conditions. Aside from the terms listed in this document, they also certify the following:
6. Customer Consent:
For agreements to be made by Customer if he/she decides to officially commence business with Inkly.ca, see 'Customer Agreements'. A 'Customer consent' is recognized as any of the following: a signature, an electronic initialing or signature, an electronic click-through agreement, agreeing to the Inkly.ca Terms and Conditions by checking off a tick box before placing your order, as well as a vocal/electronic (such as but not limiting to a phone call or e-mail) means of consent provided by the Customer in which their full name (as submitted to Inkly.ca through any material completed by the Customer, assuming the verification of such existence) appears on the invoice and any quotes or other project material.
By agreeing with your Customer Consent, you are stating the following:
"I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once I confirm through any means of recorded communication and that I assume all responsibility for typographical errors. By submitting my order electronically to Inkly.ca, I agree to the Inkly.ca Terms and Conditions accessible at URL http://inkly.ca/web2print/index.php?route=information/information&information_id=5. "
The Customer is fully responsible for final proof and layout approval prior to the printing process. Inkly.ca is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size unless we have made the error ourselves after you have specified a contradicting requirement prior to our execution of any desired products or services.
For most orders made through Inkly.ca, you will be required to pay through PayPal, with the option to use some major credit cards and/or a PayPal account. Inkly.ca and/or PayPal reserves the right to add processing fees for credit card payments. You will be made aware of these fees before checking out by either PayPal or Inkly.ca. By providing payment information to Inkly.ca and or PayPal and it’s subsidiaries, you consent and verify that the payment information provided, including but not limited to Credit Card billing and/or PayPal account details is accurate and up-to-date as of the time of order. You also consent that the provided payment method is capable of immediately paying the full amount of the required order total listed in either your Inkly.ca shopping cart or the Invoice emailed to you upon placing your order. If there are delays or added costs that your chosen payment method incurs on Inkly.ca, you will be charged for the added costs and your order may be cancelled with a provided refund for whatever amount of payment has been received at the time of cancellation.
You agree to pay the required deposit of each project if required, as well as the agreement to successfully pay the final price as reflected in an invoice sent to the Customer upon total completion of a project within the allotted days as defined in the invoice or estimate or as stated in this document. We will refuse business with you, the Customer if the required deposit is not paid within a reasonable period, or a period that is defined within communications made with the Customer. The Customer will also be required to pay interest as specified in section 6, term 'a' of this document. You agree that until you pay Inkly.ca in full, you will not acquire the rights or license to use or transfer ownership of any design(s) that Inkly.ca creates for you under this Agreement. (see 'Intellectual Property and Copyright Notices').
8. Usages of Content:
Upon full payment of the fee listed on each project’s invoice, you gain the right to use content created by Inkly.ca in any manner you wish, as long as it abides by local governing law of both the Customer, Inkly.ca, and whenever the purchased content or prints are being distributed/made available in.
By accessing, viewing, or using any of the utilities or applications of this website, you agree to the following terms:
9.Cancellation Policies and/or Order Changes:
10. Returns and Refunds for Printed and Produced Products:
Since each order is unique to each Customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit. Customer must notify Inkly.ca within 5 business days of order delivery (either a print product or electronic file) to notify any defects discovered in the ordered product failing which Customer is deemed satisfied with the product. Where replacement is appropriate, Customer must first return 100% of the received product within 7 business days (on their own expense) from the time when the ordered product delivery was taken. All charges related to expedite printing (Rush Printing) and/or Shipping fees of any kind, are NOT REFUNDABLE, including for those orders that are returned for any reason.
11. Artwork, Designs, Graphics and/or Uploaded Content Submitted by Customer:
All artwork or designs and images must be provided in CMYK format. Inkly.ca is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. Inkly.ca is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork. Additional fees may apply for the files larger than 15MB. Inkly.ca does not assume liability for content “cut-off” during production due to the customer placing content beyond the bleed lines, or inside .0625 inches of the cut line. On either side of the cut line
12. Colour Proof and Matching:
Inkly.ca is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. You must understand this because digital screens show colours in the RGB colour mode, while Inly.ca solely prints in CMYK colour mode. While Inkly.ca will try it's best to match the gradient density of each color, Inkly.ca is not liable for the final appearance of a color. Application of UV Coating may effect or change the appearance of the printed colors. Inkly.ca is not liable for the final color appearance of any coated products.
13. Order Approval:
Inkly.ca has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a Inkly.ca customer service representative has inquired as to the attributes of one of your orders, you are not entitled nor should you assume that Inkly.ca will review any other order you place. Orders are printed in their "as submitted" or “as-is” form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. 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. Inkly.ca 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, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc. By submitting an order for printing at Inkly.ca, the Customer assumes responsibility for assuring all technical requirements are present in their designs, artwork, or submitted files stated or not stated on Inkly.ca’s Website.
Inkly.ca does not provide proofs of any order unless otherwise stated. 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 until you have approved the proof through a means of Client Consent (see “Client Consent” section in this document). If a proof is requested, it may impact the print job’s turnaround time.
Inkly.ca reserves the right to not include or engage in business if Customer's provided content is in any project requested by the Customer of which we deem to be inappropriate, discriminative, pornographic, harmful, or otherwise copyright infringing content/material. Customer is fully responsible for final proof and layout approval prior to the printing process. Inkly.ca is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, damaged fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size unless we have caused the error ourselves after you have specified a contradicting requirement prior to our execution of any desired products or services.
14. Turnaround Times:
Inkly.ca will state either a standard turnaround time on each product’s webpage, or numerous options for different turnaround times that may have a different fee involved for the product being ordered by the Customer and any other options selected by the Customer for each product and/or order. Turnaround Times are given in operational business days, which do not include statutory holidays, weekends, and/or defined dates of business closure stated anywhere on Inkly.ca’s website or communications. Turnaround Times pertain solely to the time for printing, and do not reflect shipping and handling times whatsoever. Turnaround Times begin the next operational business day after the order was placed, unless the order was placed before 8:00 AM Eastern on an operation business day, then that date will count in the Turnaround Time range-frame. If for whatever reason, Inkly.ca is unable to adhere to stated Turnaround Times, Inkly.ca will make an effort to contact the Customer and if offered, will offer a refund to the portion of the order that cannot be completed within the Turnaround Time range or other modification on order pricing if Inkly.ca choses to.
15. Shipping Policy:
Inkly.ca ensures to keep turnaround times for printing and shipping down to a minimum, and we strive to provide the quickest service that we can push through our doors. Some addresses and postal codes are currently not compatible with our shipping options. In most cases, you will be prompted for in-store pickup if we cannot ship to your location. In you are not prompted for in-store pickup and we cannot ship your order due to limitations on our courier service, we will contact you to offer either an alternative shipping method that may have a different charge involved, or offer a refund of your order before it is printed. However, it is important to note that some shipping parameters are out of our control, as they are handled by either FedEx® or UPS®, depending on your location and the product ordered.
It is your responsibility to ensure that you provide an accurate shipping address when checking out and placing your order. After payment is received, we cannot change the shipping address of your job. Cited turnaround times do not include shipping transit times, however you should expect your product to arrive within a day to a week after the printing turnaround time is elapsed, and that when your product is delivered, a signature may not be required for delivery, making it your responsibility to either pick up the product at the provided shipping address or receive it as soon as possible when delivered. Therefore Inkly.ca assumes no liability for damaged, stolen or "missing" products that have been delivered to your provided shipping address as a result of you not taking the delivered product into your own keeping. Ample time should be allowed between the time your order is placed and when you need your order delivered by, as delays, including but not limited to, inclement weather, or traffic, may occur with our shipping courier, and your product may not be delivered in time. Therefore, you should assume all cited turnaround times for both printing and shipping times as "approximates", as delays may occur on either end of the process, even though Inkly.ca makes every effort to ensure the quick and convenient printing and delivery of our products.
You agree that you shall indemnify and defend Inkly.ca and all parties from whom Inkly.ca has licensed portions of content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Inkly.ca Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into products or of any public output.
17. Privacy Policies:
Inkly.ca values the privacy of any personal information submitted to Inkly.ca through the means of web, writing or vocal communication. 'Personal information' refers to any of the information of someone's residential or business address, as well as all other contact information pertaining to this one person or their organization/business. Personal information will not be given shared or released to any third party. At some points, Customers' personal information may be used and stored on third-party software, or online software that is used for Inkly.ca communications, project and finance handling. It will only stay with Inkly.ca for communication reasons. At some points, we may send you Inkly.ca material such as promotional information to your address via postal mail or e-mail.
All projects/designs/prints that have been completed by Inkly.ca for any of our current and past Customers, may be used in Inkly.ca's promotional matter that may be displayed through any electronic and print means of display/reproduction/promotion/marketing. Also, we cannot guarantee the privacy of content that is produced by Inkly.ca in any matter. This is because production of this content (such as printing) may be sent to sub-contractors (such as printing companies) and it is not in our supervision of their handling of any content initially created by us. We cannot hide material created by Inkly.ca in it’s entirety, but can remove contact information as well as any other sensible personal information upon request for display in Inkly.ca promotional material. If you do wish to hide some content to be displayed on any promotional material/any electronic and printed means of display/reproduction, please contact Inkly.ca immediately after receiving your invoice at firstname.lastname@example.org.
18. External Links:
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
19. Intellectual Property and Copyright Notices:
i) For Customers:
Inkly.ca prints your design, and does not assume any liability for the content printed by us. The Customer is responsible for assuring that they own the Copyright to anything uploaded or submitted to Inkly.ca for printing, including (but not limited to) images, clip art, fonts, logos, Trademarks. It is a serious offense to reproduce content that the Customer does not own the Copyright to. Therefore, by submitting an order to Inkly.ca containing any client submitted content in the form of an upload or design, the Customer must assure that they own the Copyright or have explicit permission to use any uploaded or submitted material to be printed. In the event that the Customer is using well-known or easily identifiable Trademarks or Copyrighted material in their design to which they have received the explicit permission to use, they must forward a note of permission from the original Copyright Holder to Inkly.ca within 12 hours of placing an order for Inkly.ca’s Copyright Agents to confirm the status of your order and for your order to be printed. In the event that you upload or submit Copyrighted material that you do not own the Copyright to, and the material is flagged by a third-party doing business with Inkly.ca, or by an external party who owns the Copyright to the material submitted or uploaded by the Customer, Inkly.ca will not issue any refunds to the project containing the disputed material. Inkly.ca maintains a zero tolerance policy in reserving the right to refuse, cancel, or not produce any content or project in whole that is either flagged for containing Copyrighted material, or does not conform to Copyright laws. In the event that a Copyright claim, law suit, or other event arising from improper use of Copyrighted material submitted or uploaded by the Customer arises, if seeking legal compensation or under legal investigation, the Customer assumes all liability for the Copyrighted material and/or any other material causing a dispute in ownership and or rights to reproduce, print, or distributed. In this case, Inkly.ca also reserves the right to release your contact information to the law enforcement or individuals possessing the legal grounds to obtain your contact information for reasons of prosecution or legal action. Pertaining to print projects that you, the Customer orders from Inkly.ca, you agree to defend, indemnify and hold Inkly.ca and its officers, directors, employees, shareholders agent, sub-contractors, and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by Inkly.ca in defending against such suit, demand or claim.
ii) For Copyright Holders:
Inkly.ca does not design or contribute to the specific aesthetic composition of projects printed by Inkly.ca or our subcontractors. Upon checking out with a print project on Inkly.ca, Customers are presented with the option to customize the design using our online designer or upload their own design to our servers for the sole purpose of printing. Customers are prompted with a Copyright Disclaimer when attempting to upload images or other Customer-created content in our online designer, and are prompted to agree to the terms listed in this document before checking out and paying for their project, therefore Inkly.ca has made every reasonable effort to alert the Customer as to some, yet not all, Copyright infractions and repercussions for not respecting Copyright and or Trademarks. In the event that the Customer ignores these terms and Disclaimers, the Customer remains the individual responsible for breaching Copyright, Trademark, or other Intellectual Property laws, and all legal or criminal claims against printed material must be conveyed directly to the Customer. In the event that a Copyright claim, law suit, or other event arising from improper use of Copyrighted material submitted or uploaded by the Customer arises, if seeking legal compensation or under legal investigation, the Customer assumes all liability for the Copyrighted material and/or any other material causing a dispute in ownership and or rights to reproduce, print, or distributed. In this case, and if the Customer’s identity on Inkly.ca is identifiable without doubt or uncertainty, Inkly.ca will attempt to release the Customer’s contact information to law enforcement or individuals possessing the legal grounds to obtain the Customers’ contact information for reasons of prosecution or legal action. However, in no circumstance will Inkly.ca be held legally reliable for failing to release Customer contact information.
a) Content submitted by Customer: For any material that is sent to us from the Customer to include in any material to be reproduced or designed with, the Customer assumes the full copyright to such material as well as the comprehension that the submitted material must not be copyrighted by another author or company. The customer affirms ownership or publication rights to all artwork, photos, text and other materials submitted for printing and agrees to indemnify and hold harmless Inkly.ca from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against Inkly.ca on grounds that printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libellous or scandalous, or invades any persons right to privacy or other personal right, except to the extent that Inkly.ca contributed to the matter. The Customer agrees to, at the Customer's own expense, promptly defend and continue the defence of any such claim, demand, action or proceeding, that may be brought against Inkly.ca provided that Inkly.ca shall promptly notify the customer with respect thereto if Inkly.ca is able to.
b) Content produced by Inkly.ca: All design and artwork produced by Inkly.ca remain copyright of Inkly.ca, unless specifically agreed otherwise in writing or through electronic means. Some content available on Inky.ca’s online designer site may be Copyrighted or Trademarked, and Inkly.ca does not own the Trademark or Copyright to such content. The Customer’s assumes full legal liability if they chose to use Copyrighted or Trademarked material on their print projects, even though Inkly.ca does not endorse such actions. Rights to other graphics produced by third-parties are specifically not transferred to the Customer and remain the property of their respective owners but can be used within proper accordance to copyright laws issued by the creator or provider of third-party material. Inkly.ca reserves the right to not include or redact Customer's provided content in any project requested by the Customer of which we deem to be inappropriate, discriminative, pornographic, harmful, or otherwise copyright infringing content/material.
Inkly.ca (and affiliates and/or subcontractors) shall under no circumstance be liable to Customer or any third party for any lost profits or lost opportunity, or any indirect, special, consequential, incidental, or punitive damages whatsoever, from any application of the information provided within all Inkly.ca material or use of any and all of services offered at Inkly.ca, even if Inkly.ca has been advised of the possibility of such damages.
PayPal® and PayPal.com® are trademarks of PayPal and it’s licensors. FedEx® is a respective trademark of FedEx Corporation. UPS® is a respective trademark of United Parcel Services®, Inc. Inkly.ca does not endorse any third-parties listed within this document.
Additional terms may apply to specific projects requested by Customers due to their complexity and scale. These terms and conditions as well as any other terms and conditions linked to from this document (Inkly.ca Terms and Conditions) may be changed at any time before a project is commenced with Inkly.ca or during a project with or without notice. For any assistance with the legal content displayed in this document, please contact email@example.com. To view PayPal’s User Agreement please visit https://cms.paypal.com/ca/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/UserAgreement_popup&locale.x=en_US.