Terms
NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. CREATIVE INSTINCT, INC. RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
Creative Instinct, Inc. over / under run policy: Creative Instinct, Inc. reserves the right to 5% over/under run.
LIMITATION OF LIABILITY
In no event shall Creative Instinct, Inc. or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Creative Instinct, Inc. has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from Creative Instinct, Inc. or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Creative Instinct, Inc. be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
OFFICE HOURS
Our office hours are 9:00 AM ~ 5:30 PM CST Monday ~ Friday.
TURNAROUNDS
Next Business Day turnaround: All jobs in by 10:00 AM will be ready the next day by 6:30 PM, problem jobs or jobs that require proofs won’t be considered as next business Day. Standard Turnaround: Orders placed after 1:00 PM with a turnaround of 2-4, 5-7 or 7-9 businesses days will not count as part of the standard turnaround. If the turnaround time is not specified at the time of order your order will be considered 2-4 days and will be charged accordingly, please note that the billing charges won’t be reversed.
RETURNS / REFUNDS
Any cancellation or compensation given to the customer will be refunded in a timely manner. Please allow up to 10 business days for the monies to be credited to your account. Customer must notify Creative Instinct, Inc. within 6 business days of order acceptance to notify any defects discovered in the ordered product or the claim will be denied. In order to receive replacement Customer must return 100% of the received product within 15 days (at their own expense) from the time when the ordered product delivery was taken. All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. Time and expenses incurred for cancellations of design services or modifications of artwork will charged accordingly on a hourly basis of work performed.
CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Creative Instinct, Inc., are entirely responsible for all Content that you use form Creative Instinct, Inc. Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Creative Instinct, Inc. or any third party does not control posted by Customers and does not guarantee the accuracy, intergrity or quality of the Content Under no circumstances will Creative Instinct, Inc. be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You acknowledge that Creative Instinct, Inc.. does not pre-screen Content, but that Creative Instinct, Inc. and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Creative Instinct, Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Creative Instinct, Inc., its users and the public.
GOVERNING LAW
Creative Instinct, Inc. is based in Denver, Colorado and all transactions take place through Google Checkout. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Denver, CO. You agree to submit to the jurisdiction of Denver, CO courts and agree that venue in these courts is proper in any such legal action or proceeding.
TRANSFER OF TITLE
You understand the shipping terms are FOB shipping point, which means ownership transfers once we deliver any printed products to Creative Instinct, Inc.’s shipping carrier.
INDEMINITY
You agree that you shall indemnify and defend Creative Instinct, Inc. and all parties from whom Creative Instinct, Inc. 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 Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products.
ORDER APPROVAL
Please review your order prior to submitting. Effective February 14, 2007 Creative Instinct, Inc. will no longer accept changes to orders that have been placed. We apologize for any inconvenience this may cause. Customer is fully responsible for final proof and layout approval prior to the printing process. Creative Instinct, Inc. 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, Die Lines, Crop Marks, Transparency, Overprint, Finished Product Size. We DO NOT make any changes on customer files.
INDEMNITY
By submitting the above document to Creative Instinct, Inc. “I agree to the following terms”. 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 my order is placed and that I assume all responsibility for typographical errors.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format. Creative Instinct, Inc. is not responsible for any color shift that occurs in conversions from RGB to CMYK or PMS Pantone colors to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. Creative Instinct, Inc. is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork. Creative Instinct, Inc. is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output.
PRICE MATCH
Creative Instinct, Inc. will price match with any advertised prices. In order to qualify for a price match you must submit similar product with similar quantity, turnaround time, and pricing structure. Creative Instinct, Inc. does not price match with manufacturers who produce or have production facilities outside of the United States.
COLOR PROOFING & MATCHING
Creative Instinct, Inc. 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. Electronic proofs do not show transparency and over print issues neither do they show color change from RGB to CMYK. Application of UV Coating may effect or change the appearance of the printed colors. Creative Instinct, Inc. is not liable for the final color appearance of a UV product/s. Creative Instinct, Inc. reserves the right to change the paper quality and/or type at anytime, without notifying its customers.
ORDER CANCELLATION
Creative Instinct, Inc. will be happy to help you cancel your order prior to Approval. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order. Please allow up to 10 business days for the monies to be credited to your account. Orders may not be cancelled or refunded once they have gone into production or any process thereafter. Absolutely no refunds will be issued once an order has been Plated or any process thereafter, including but not limited to Printing, Coating, and / or Finishing. Once the order has been placed successfully, No Refunds are issued for the Logo, and Graphic design services. Creative Instinct, Inc. is not responsible for any duplicated orders that are placed on our web site due to the customer mistake.
RE-ORDERS
Effective 08.01.06 Creative Instinct, Inc.. is hereby notifying customers that due to system requirements all electronic files for job orders will not be kept in our system for more than 30 days after order date. Due to this limitation we no longer accept re-orders of previously printed jobs. All files need to be re-submitted every time an order is placed. We apologize for any inconvenience this may cause. If you have any questions please contact our customer service department.
ORDER SHIPPING AND DELIVERY
Creative Instinct, Inc. will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Creative Instinct, Inc. be liable for any consequential or damages resulting from any delay in shipment or delivery. All Creative Instinct, Inc. customers agree not to hold Creative Instinct, Inc. liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Creative Instinct, Inc.’s direct control. Creative Instinct, Inc. shipment and delivery dates are calculated based upon estimates provided by our suppliers. Creative Instinct, Inc. will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation. Creative Instinct, Inc. can only use its own shipping account and will not use customer provided account numbers for any couriers. Orders must be shipped at whole quantities and may not be split up. Please note that we don’t ship to P.O. Boxes.
SHIPPING ERRORS & LOST PACKAGES
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done after 30 days from package shipment. Creative Instinct, Inc. is not responsible for 3rd party shipping errors, omissions or damaged shipments.
RETURN AUTHORIZATION EMAIL
Creative Instinct, Inc.. guarantees prints will not be defective in accordance with industry standards. If a print is found to be defective, then you may contact Creative Instinct, Inc. for a reprint or other compensation. Creative Instinct, Inc. must be contacted IN WRITING via online support system within 6 business days of receiving your order. If product is deemed defective, Creative Instinct, Inc. will reprint with the rush production. A Quality Assurance representative will contact you within 24-48 hours of your initial query to help issue your order to be corrected. Contact with the representative must be established within 5 business days to verify the request. Creative Instinct, Inc. must receive the package within 15 calendar days after a return authorization email is issued. Compensation will be processed only after a return authorization email has been issued and the entire product has been returned to Creative Instinct, Inc. then the refund transaction will take place within 10 business days. Samples of the defective merchandise must be required prior to any resolution.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Creative Instinct, Inc. will reship the package with corrected address and charge an additional shipping fee for the shipment.
EXTRA SERVICES
Please review your order prior to submitting. We reserve the right to refuse service without disclosing a reason. Prices are subject to change without further notice.