Terms and Conditions


General Terms and Conditions

Please read these Terms of Use carefully. These Terms of Use govern your access and use of PIXOPAC.com website (“Site”). By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. PIXOPAC.com reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

Copyright Notice

You acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, templates, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of PIXOPAC.com and/or partner 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 Copyright Act (R.S.C., 1985, c. C-42).

Corporate Identification and Trademarks

"PIXOPAC.com" and any and all other marks appearing on this Site are trademarks of PIXOPAC INC. in Canada 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 PIXOPAC.com's prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. PIXOPAC.com prohibits the use of Trademarks as a "hot" link on, or to, any other website unless establishment of such a link is pre-approved by PIXOPAC.com in writing.

Indemnification

You agree to defend, indemnify and hold harmless the Covered Parties from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.

Privacy

You confirm that you have read, understood and agree to the PIXOPAC.com Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by PIXOPAC.com, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the PIXOPAC.com Privacy Policy. If you are not a resident of the Canada, please note that the personal information you submit to the Site will be transferred to Canada and processed by PIXOPAC.com in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PIXOPAC.com DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PIXOPAC.com - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS 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, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO PIXOPAC.com FOR THE REQUEST.

Use Restrictions

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through PIXOPAC (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from PIXOPAC does not entitle you to use any portion of Content apart from the finished Products as they are supplied by PIXOPAC.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. PIXOPAC may terminate its service to customers found to be using PIXOPAC to engage in undesirable activities.

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize PIXOPAC to produce the Products on your behalf.

User Credentials

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your account at PIXOPAC.com.

User Conduct

You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications or origin or statements of fact.

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 as well as for any Request submitted, including related fees, charges and performance obligations. 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.

User Feedback

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 PIXOPAC.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.

Transfer of Title

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Termination

This agreement constitutes a binding agreement between you and PIXOPAC.com until terminated by you or PIXOPAC.com, which PIXOPAC.com may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.

Changes to the Site

We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

Miscellaneous

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. If any provision of the Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or PIXOPAC.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms and Conditions.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Governing Law

The Federal laws of CANADA and provincial laws of Ontario shall govern the performance of these Terms and Conditions, without regard to such conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to PIXOPAC.com at support@pixopac.com. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

How do I contact PIXOPAC.com?

We can be reached via email at support@pixopac.com

ORDER TERMS AND CONDITIONS

Payment

All prices and amounts shown on this Site are in Canadian Dollars (CAD), unless otherwise noted. If a User submits a request on the Site to purchase printing products or other services, the User agrees that all charges, taxes and shipping/handling fees will be charged to the credit card or paid by User with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we process an order. We will not start working on a print job until we receive the full payment.

Once a print job has been sent or approved by customer and is already "In Production", no changes are allowed to the artwork files, job characteristics, or printing turnaround time.

Refund Policy

At PIXOPAC.com, we strive to provide our clients with the best possible printing experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department within 15 days after receiving the order. Our representative will document your complaint and create a ticket for your reference.

  • 100% Reprint on any defective print orders
  • 100% Free expedited reprint on any orders lost in transit
  • To be eligable all complaints must be submitted within 15 days after receiving the order
  • All refunds are subject to 5% deduction for transaction fees

All policies are subject to change without prior notification. Defective product refunds and reprints are limited to $1000. Determination of defect is at the discretion of management. In most cases, clients will be requested to submit digital photos documenting the product defect and/or ship samples or all of the defective products back to customer service. Free expedited reprint on any orders lost in transit is limited to orders less than or equal to $250. Turnaround and shipping for reprint orders will vary depending upon available production capacity and manager's discretion.

Our Sales Tax Policy

PIXOPAC.com charges sales tax to orders picked-up or shipped to an address within Canada.

Online Preview

An online preview is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Online previews do not show transparency and over print issues. Neither do they show color change from RGB or Pantone to CMYK. Customer is fully responsible for all that is contained in the final online preview.

Color Accuracy

PIXOPAC.com will reproduce color shown in online previews as closely as possible, but because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an order with PIXOPAC.com you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between online previews and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. Online previews will predict design layout, text accuracy, image proportion and placement, but not color or density. Application of UV coating may effect or change the appearance of the printed colors. We are not liable for the final color appearance of a UV coated product.

No Liability for Errors

PIXOPAC.com 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, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size.

Please preview your designs carefully and correct any mistakes prior to placing your order. PIXOPAC.com does not proof documents created by its customers prior to processing.

Artwork Files

You are 100% responsible for the accuracy of artwork files created on PIXOPAC.com, and we encourage you to proofread all files carefully before submitting an order. PIXOPAC.com is not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By adding images to your artwork on PIXOPAC.com, you certify that you have the right to use the image(s) in your artwork files. 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.

Under these Terms and Conditions, you agree that you will NOT create artwork files, or upload any image(s), consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature 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.

Shipping

All shipping is currently done via carriers such as UPS. 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 by the carrier.

Shipping transit times vary, and PIXOPAC.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.

PIXOPAC.com's responsibility is limited to preparing your printing order and turning it over to the carrier for shipping. PIXOPAC.com is not liable for damages which occur during shipping.

We cannot ship to P.O. Boxes or APO/FPO.

Our "Free Shipping" does NOT apply to signs and displays such as tents, flags, heavy outdoor displays, booth banners, tables and other exhibit products.

Estimated Arrival Dates

Estimated arrival dates are calculated by adding the printing turnaround time to the shipping transit time. Both printing and shipping times are based on business days only and do not include weekends or holidays.

Please understand that estimated arrival dates are estimates, not guarantees. While we will do everything in our power to meet your estimated arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.

Miscellaneous

All complaints must be registered within 24 hours of receipt of your final printing job. If we determine that your job contains manufacturing errors and/or defects, we will rerun your job at no charge.

All materials we create in producing your printed product are the property of PIXOPAC.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.