YOUR RIGHTS AND RESPONSIBILITES ARE DETERMINED BY THE FOLLOWING. IT IS VERY IMPORTANT THAT YOU READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.
You acknowledge having read, understood and you do agree to the following:
1. Terms and Conditions of Order
By placing an order with GOCARDS you agree to be bound by the following terms and conditions. By registering online and by placing any order(s) you agree to accept all of the herein terms and conditions and acknowledge that they constitute legally binding contractual terms between you and GOCARDS, and that you will be responsible for payment in full as outlined in this agreement.
2. Art Submission
By submitting files to GoCARDS, you understand that you own all rights to the artwork being reproduced and take responsibility for any damages.
3. Printing & Cutting
All postcards are "gang printed." GOCARDS will reproduce colour from digital layouts as closely as possible, but cannot exactly match colour and density because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each colour reproduction should be within 85-90% to the press match proof we offer. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent.
ALL files must have an 1/4" bleed all around. A twenty-five dollar fee may be charged to create a bleed if it has not been incorporated in your files. This fee is solely at our discretion.
GOCARDS is not responsible for type, art or images that are cut off if these guidelines are not followed. Furthermore, it is strongly suggested that you do not use a thin border around your postcard. This may cause an uneven frame around your card. If you desire to have a border, it should be at least 1/4" thick.
4. Turnaround
Our posted turnaround times should be taken as an estimated timeline, not an exact figure as to when your order will arrive. Particularly with our Eco-Friendly 15.5pt stock and its special coating and drying process, with runs only twice a month, the exact order dates provided by Canada Post are deemed inaccurate.
Orders are considered "received" and are put into production ONLY when the following conditions have been met:
(a) An ORDER FORM has been completely filled out online and document has been reviewed without hold by the GoCARDS staff;
(b) Files have been submitted;
(c) If applicable, the customer has approved the online proof and has given the go ahead to proceed with production; and
(d) Payment information has been provided and confirmed as accurate.
Please note that our cutoff for submissions is 11:00 a.m. EST daily. Production on 12pt and 14pt cardstock will begin the following day for orders received after this time. After an order has gone to printing it usually takes one to two business days to dry and cut.
Additional custom job requests may take longer. Eco-friendly 15.5pt cardstock jobs go to press twice a month and take almost a week to dry and cut.
THE PRINTING AND PRE-PRESS PROCESS INVOLVES EQUIPMENT WHICH IS SUBJECT TO MALFUNCTIONS AND/OR EQUIPMENT FAILURE AND ANY SUCH FAILURE OR MALFUNCTION SHALL NOT BE OUR RESPONSIBILITY. WE WILL TAKE ALL EFFORTS THAT WE CONSIDER REASONABLE TO ENSURE THAT PRODUCTION PROBLEMS DO NOT DELAY YOUR DELIVERY. HOWEVER, PRODUCTION AND DELIVERY TIMES ARE NOT GUARANTEED. PLEASE TRY TO PLAN DATE SENSITIVE MATERIALS APPROPRIATELY.
5. PDF Proofs
Files are checked on a first come first served basis. If a PDF proof is requested it can take 24 hours or more before your files are checked due to the large volume of orders we receive. If your job is colour critical, you should purchase a press match proof. This proof costs fifty dollars. Please keep in mind that while we will try our best to match proofs, GOCARDS does not guarantee exact colour matching.
6. Colour Matching and Proofs
To ensure approximate colour matching, customers must purchase a press match proof. Customer supplied proofs are not acceptable as they are not calibrated to our presses. Jobs without proofs will be printed following generally recognized industry standards. Because of differences in equipment, processing, proofing substrates, paper, inks, pigments, and other conditions between color proofing and production pressroom operations, a reasonable variation in colour between colour proofs and completed job shall constitute acceptable delivery. Please note that your monitor's calibration affects what you see on your screen. The colours on printed cards may differ from what you see on your screen. Soft (PDF Proofs) should be used for general layout and font proofing purposes, not for colour matching. Please keep in mind that while we will try our best to match proofs, GOCARDS DOES NOT GUARANTEE EXACT COLOUR MATCHING.
7. Prices
For current pricing information, see www.gocards.ca . Prices are subject to change without notice.
8. Promotion
Unless otherwise specified (in writing at the time the order was placed), we reserve the right to use any item produced by us for print or display promotion.
9. Payments
We accept cash, money orders, certified/bank cheques, Visa and Mastercard. Payment shall be in the form set forth in the quotation or invoice unless otherwise agreed to in writing. The person placing the order will be personally responsible for any outstanding debt owing. All orders are prepaid and later calibrated upon completion of job for added additional such as proofs, scoring, or expedited shipping as examples. An additional $25.00 fee will be charged for returned cheques to the original amount owed. As security for payment for any sum due or to become due under terms of any Agreement, the printer shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in printer's possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance or guarantee of payment shall not affect such security interest and lien.
10. Refunds
Once an order has been received and has entered the production cycle, changes can no longer be made. We do not provide refunds under any circumstances. We do guarantee our work. Please refer to the Warrantee section of this document for additional information. Our turnaround time is not guaranteed. GOCARDS attempts to and typically does meet the estimated time of arrival set forth at the time of quotation, but can not guarantee that it will arrive within the given timeframe of each order. In no case is GOCARDS liable for loss of business or implied damages.
11. Materials
Working mechanical art, type, negatives, positives, digital files, flats, plates and other items when supplied by the printer, shall remain its’ exclusive property unless otherwise agreed in writing. You certify that you own the rights to use the image(s) being reproduced on your cards. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
12. Customer's Property
The printer will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer while such property is in the printer's possession: printer's liability for such property shall not exceed the amount recoverable from such insurance. Customer's property of extraordinary value shall be insured through mutual agreement.
13. Taxes
All orders placed and paid for in Ontario are subject to 6% GST and 8% PST. Orders may be PST Exempt if for resale, and not intended for the company purchasing the product. In this case, you will need to provide your PST exemption certificate (faxed to 416-946-1875). Canadian orders placed and shipped outside of Ontario are only subject to 6% GST.USA orders are tax exempt. Materials printed in Canada ship duty free to the USA under the NAFTA agreement.
14. Shipping & Handling
Delays, damage or loss of packages during shipping are the sole responsibility of the carrier providing shipping services. GOCARDS will not be liable for any claims of loss of business or damages due to shipping delays or damage. Each carrier has limited damage liabilities normally at a maximum claim of $100 per shipment. Additional shipment insurance can be acquired by you by request via e-mail. An additional charge will apply. GOCARDS preferred shipment provider is Canada Post.
Delivery times are estimated based on the information provided to GOCARDS by the carrier and determined based on the standard time it takes to have your shipment printed and processed. In no way is GOCARDS responsible for delays in arrival time. If orders are to be rushed, please call us directly at 416.485.4500 or e-mail cheer@gocards.ca so we can alternatively ship through Priority Courier, UPS or GreyHound Courier Express for an additional charge. GOCARDS will provide you with a tracking number upon request and it is your responsibility to track your package and notify us of any potential problems caused by the carrier. Importing fees, charged directly by the carrier, may apply.
Please note the delivery dates shown during the online order process are based on an estimated date your order will ship. Due to a vast number of reasons, listed above, by agreeing to these terms and conditions, you agree to hold GoCARDS and Canada Post or any other shipping carrier used harmless of any damages, directly or indirectly caused, due to a delay in shipment. The customer also agrees to pay shipping charges even if the shipment is delayed. You understand and agree that the Canada Post shipment page is only an outline of when the shipment will arrive under ideal circumstances.
Occasionally shipping prices quoted by GOCARDS and/or the Canada Post system are deemed inaccurate and only become available after an order has been processed and is ready to ship or if and when the client changes the shipping carrier. Under these conditions the client agrees to pay the actual shipping costs received by the default or chosen method of shipment.
15. Pricing
You agree that many additional services or requests come at an additional fee. You agree that the dollar amount to be finalized on the transaction will reflect any additional changes above and beyond the initial amount quoted.
16. Special Requests
For special requests, often a notice is needed in writing either by mail, fax or e-mail from the account on file. You agree that your order may be held, until paper confirmation is received and that may cause a delay in your order being processed. You also agree that with various unique order confirmation details that you or another party can access and make applicable changes to your order and account information via telephone.
17. Artists Found On GoCARDS.ca
The graphic designers listed on GoCARDS.ca are independent and do not represent nor are hired by GoCARDS. The graphic designers listed have come to us (GoCARDS) asking for a medium to list their services to GoCARDS clients. Their portfolios have not been reviewed by GOCARDS and you agree to review the artist’s portfolio and to take the time to choose your designer carefully, and you understand the risks involved in hiring a graphic designer, assume full responsibility and will not hold GoCARDS or any of its agents responsible for the work, payment or relationship you establish with any designer listed on this site.
18. Indemnification
The customer shall indemnify and hold harmless GOCARDS and/or the printer from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all matter of claims, demands, actions and proceedings that may be instituted against GOCARDS and/or the printer on grounds alleging that the printing violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that the printer contributed to the matter. You agree, at your own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against GOCARDS and/or the printer, provided that GOCARDS and/or the printer shall promptly notify you with respect of any such claim.
19. Warranty
In the unlikely event that an error has occurred during the production of a particular job, you must promptly notify GOCARDS of the problem. Claims for defects, damages, shortages must be made by the customer in writing within a period of five (5) days after delivery of all or any part of the order. The customer is the expected to return the shipment to GOCARDS with standard shipping costs to be reimbursed to the customer upon the acceptance of claim. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission the customer is in full compliance with the terms, conditions and specifications outlined herein. In the event of an error in printing, a determination will be made by GOCARDS whether the defect is of such nature as to qualify for a discount or re-print. GOCARDS liability is limited to reprinting of any defective order and in no case will include special or consequential charges, including expenses, rush shipping, profits lost due to damages. This guarantee applies only to defects in workmanship or materials. It does not cover defects in the files submitted for printing. Over runs and under runs are not to exceed ten percent of the order.
20. General Disclaimers and Limitations of Liability
(a) GOCARDS attempts to ensure that all information provided, whether on this website or otherwise, is accurate, complete and timely. All information provided by GOCARDS is provided on an “as is” and “as available” basis with no guarantee of completeness, accuracy, timeliness and without warranty or representation of any kind, either express or implied, including, but not limited to, a warranty that the information provided is fit for any particular purpose. Any reliance upon the information provided by GOCARDS is solely at the user’s own risk.
(b) GOCARDS shall not be liable for system failures or interruptions affecting the GOCARDS website, or any errors or omissions, or for the results obtained from using this information, which is provided merely for general information. In no event shall GOCARDS, our related partnerships or corporations, or the partners, directors, officers, agents or employees of GOCARDS be liable for any decision made or action taken in reliance upon the information contained on the website or conveyed to you by GOCARDS, including but not limited to any direct, indirect, special, incidental, consequential or punitive damages whatsoever and however caused, arising out of or in connection with the use of the information provided or as a result of reliance upon the information provided, including any lost profits, or any other pecuniary loss, whether such action is in contract, tort, statutorily or otherwise, even if advised of the possibility of such damages.
(c) You agree that any legal action brought by you as against GOCARDS shall be brought within one (1) year of the occurrence of the damage, and no later.
(d) In the event that a court does find GOCARDS liable to you in any way whatsoever, you agree that the extent of such liability will be limited to an aggregate of two (2) percent of the purchases made by you in the last calendar year, or $50,000.00 CDN., both including legal fees, whichever is less.
(e) You agree that these limitations and conditions are an informed voluntary allocation of responsibility which constitutes a material aspect of this agreement.
21. Intellectual Property Protection
(a) All of the content of the GOCARDS website, the design and layout of the website and any material e-mailed to you or otherwise supplied to you by GOCARDS is the copyright property of GOCARDS. You may not reproduce or publicize this information in any way whatsoever without the prior written permission of GOCARDS.
(b) All of the trademarks and trade names reproduced on the GOCARDS website are the property of GOCARDS or used under licence. You may not use or reproduce or allow anyone to use, publicize or reproduce any trade mark(s), logo(s) or trade name(s) appearing on the GOCARDS website for any reason whatsoever without the prior written permission of GOCARDS.
(c) You agree not to infringe, or attempt to, aid or facilitate the infringement the copyright, trademark or any other intellectual property right of GOCARDS.
22. Site Alteration
GOCARDS reserves the right to modify, add or remove all or portions of the information or layout of the website at any time in its sole discretion and/or to restrict the use and accessibility of the GOCARDS website. The site is provided on an “as-is”. “when available” basis.
23. Registration and Passwords
All persons accessing the GOCARDS website must be registered with accurate, valid and complete registration information and immediately inform GOCARDS of any changes thereto.
24. Third Party Content and Advertising
The GOCARDS website may contain advertising and/or other third party content. GOCARDS is not responsible for any content, error, omission or inaccuracy in any third-party or advertising material or the content or operation of their sites. You agree that, although the GOCARDS website may contain links to other websites, that in no way constitutes an endorsement of any site by GOCARDS and that GOCARDS is not responsible for the availability or operation of such site or content and such links are provided on an “as-is” basis with no guarantee or warranty whatsoever, whether express or implied. You agree that advertisers, other content providers and link-sites are solely responsible for the content and operation of their own websites.
25. Amendment of Terms and Conditions
These Terms and Conditions are subject to change at any time at the sole arbitrary discretion of GOCARDS. You shall ensure that you have an up-dated and current understanding of the Terms and Conditions prior to each access of the GOCARDS website and/or any information contained therein or conveyed to you. Your continued use of the GOCARDS website after any amendment shall constitute your acceptance of any amended Terms and Conditions and shall be of sufficient consideration to ensure your agreement to such amended terms and conditions.
26. Governing Law and Forum
You agree that these Terms and Conditions and all events and transactions associated with the use of the GOCARDS website and information conveyed to you in any manner whatsoever shall be governed by and construed solely in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be adjudicated within the forum of Ontario at the City of Toronto. You agree to waive the benefit of any “long-arm statute” that may exist in your jurisdiction. For the exclusive, discretionary benefit of GOCARDS, GOCARDS reserves the right to bring proceedings in the jurisdiction of your residence or place of business or access.
27. Severability
In the event that any provision(s) of these Terms and Conditions are found to be void, invalid, illegal or unenforceable by any court, whether in whole or in part, such finding will not affect the operation of any other provision of this Agreement and all other provisions will continue in full force and effect. This Agreement shall be read down to the most minimal extent as is necessary.
28. Entire Agreement
These Terms and Conditions constitute the entire Agreement between you and GOCARDS, with the exception of amendments made in accordance with clause 25 above.
