Terms and Conditions
IMPORTANT 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 & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. MOXOMEDIA.COM RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
1. PLACING AN ORDER
By placing an order with Moxo Media Group Inc. you agree to be bound by the following terms and conditions. By registering online and by placing any orders thereafter you agree to accept all terms and conditions of this agreement and create a legally binding contract with Moxo Media Group Inc. and any of its sister companies for printing services. You will also be responsible for payment in full as outlined in this agreement. If you do not agree to these Terms and Conditions, do not use any portion of this site. Quotes and Written Estimates are good for 30 days. An estimate not accepted within 30 days may be changed. $20 Off first time order when signing up for our newsletter Does not apply to special offers or monthly promotions.
2. PAYMENT TERMS
All orders must be prepaid due to the speed of our turnaround. We do not offer payment terms or any other type of payment plan. I authorize to have my credit card transacted to prepay for the orders that I have placed through the MoxoMedia.com website. In the case of disputes or charge backs, the customer will be responsible for any fees charged to Moxo Media Group Inc. by the Merchant Services Processing Company to process the disputes in question. Refunds Since each job is custom created for its owner, cannot be reused or resold.
3. DESIGN TIME BLOCKS
Before any design service is started the customer will need to order and pay for a design time block. Our design time blocks are divided in 4 hourly sets: 1 hour, 2 hours, 5 hours and 10 hours. Our design time blocks are non-refundable and non-transferable.
By directly or indirectly requesting design services from Moxo Media Group Inc., you agree to be bound by these Terms and Conditions. Please read them carefully. Moxo Media Group Inc reserves the right to make changes to these terms and to the products and services offered by Moxo Media Group Inc design services. If you upload, email, link (directly or indirectly) or otherwise refer Moxo Media Group Inc., to any text, images, designs, or other content for incorporation into your Creative Services project, you unconditionally guarantee, represent and warrant that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that Moxo Media’s provision of Creative Services will not infringe any trademark, copyright, or other right of any other party. The designs and/or written copy (collectively, “Designs”) prepared by Moxo Media Group Inc., for you as part of your project may have similarities to designs prepared by Moxo Media Group Inc., for other parties. You are obtaining no right or claim of any kind to any individual Design (or any element thereof) provided by Moxo Media Group Inc. Moxo Media Group Inc., reserves the right to use the same or similar Design or elements thereof in other projects or otherwise for other parties in the future. Except for the specific project content provided to Moxo Media Group Inc., by you, all rights in all creative services work product, including without limitation both final designs and all interim and draft designs, are retained by Moxo Media Group Inc.
4. ORDER / PROJECT APPROVAL
Customer is fully responsible for final proof and layout approval prior to the printing process. Moxo Media Group Inc. is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling, graphic and photo resolution, bleeds, grammar, font issues, punctuation, wrong cuts (due to your files), incorrect or missing folds, finished product size, color variations or any print placement on products or any other issue resulting from customer error. All approvals must be made by the customer using our online project approval form. Customer must agree to our terms and conditions before Moxo Media Group Inc. will begin the print or any production. Approvals can not be made in person or via the telephone. Moxo Media Group Inc. does not provide any content creation or proofing before or after customer has approved the design layouts.
MOXO MEDIA GROUP INC. IS NOT RESPONSIBLE FOR ANY REPRINT COSTS DUE TO ERRORS AFTER CUSTOMER APPROVED LAYOUTS.
5. ALTERATION AFTER APPROVAL
You may not change artwork after it has been submitted. If you need to make changes to your order after you have approved it you must call 514.303.MOXO or email email@example.com
All material used/found in this Website or used in production of your order is subject to Copyright. All rights are reserved worldwide. It is strictly prohibited to redistribute copy or republish any of the material contained on the Moxo Media web site and/or its subsidiaries or the copyrighted property of parties from whom Moxo Media Group Inc. has licensed such property. The Customer (sometimes referred to for convenience as “you”) may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Moxo Media Group Inc. Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work.
7. CUSTOMER CONTENT
All information, data, text, photographs, graphics, messages or other materials supplied by the customer (“Content”) are the sole responsibility of the customer. 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 Canada or the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of Canada or 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 Moxo Media Instagram
Moxo Media Group Inc. along with any of its sister companies or any third party does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Moxo Media Group 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 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 registered account. You acknowledge that Moxo Media Group Inc. does not pre-screen Content, but that Moxo Media Group 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 Moxo Media Group 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 Moxo Media Group Inc., its users and the public.
8. LIMITATION OF LIABILITY
In no event shall Moxo Media Group Inc. or its licensor’s, suppliers, affiliates, partners, 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 Moxo Media Group 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 Moxo Media Group Inc. or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Moxo Media Group 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.
The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless Moxo Media Group Inc. 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 Moxo Media Group Inc. on grounds that printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any persons right to privacy or other personal right, except to the extent that Moxo Media Group Inc. contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding, that may be brought against Moxo Media Group Inc. provided that Moxo Media Group Inc. shall promptly notify the customer with respect thereto.
10. CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format. Moxo Media Group Inc. is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes or for any color shifts due to file format types. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. Moxo Media Group Inc. is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork that does not fit these strict guidelines.
11. COLOR PROOFING & MATCHING
Moxo Media Group 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. While Moxo Media Group Inc. will try it’s best to match the gradient density of each color, Moxo Media Group Inc. is not liable for the final appearance of a color. Application of UV Coating or Laminations may effect or change the appearance of the printed colors. Moxo Media Group Inc. is not liable for the final color appearance of a UV product(s).
12. ENVELOPES AND LETTERHEADS PAPER EFFECT IN COLOR.
Please note that because our letterhead and envelope paper stock is “uncoated”, we recommend you not use colors with high color density. By this we mean dark colors (black, purple, blue, brown, etc). Dark colors tend to get soaked into the paper if their color values are too high. For best results, use light colors.
13. ORDER CANCELLATION
Orders are eligible for cancellation upon request via email within 24 hours of order being placed, subject to applicable cancellation charges. If the job is canceled, charges for any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. No Refunds are issued for any reason once the initial design layouts have been displayed to you. Design time blocks are not refundable or transferable. If a deposit was required to reserve a specific date for a specific event then the deposit will not be refundable.
14. RETURNS AND REFUNDS
Since each order is unique to 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 will apply. Customer must notify Moxo Media Group Inc. within 2 business days of order being delivered and to notify any defects discovered in the ordered product failing which Customer is deemed satisfied with the product(s). Where replacement is appropriate, Customer must first return 100% of the received product within 7 business days (on their own expense) from the time the ordered product was delivery to the customer. All charges related to expedite printing (Rush Design Service, Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason.
15. ORDER SHIPPING AND DELIVERY
While Moxo Media Group Inc. will use reasonable efforts to prevent delay of delivery schedules, in no case shall Moxo Media Group Inc. be liable for any consequential or damages resulting from any delay in shipment or delivery. Orders are F.O.B. the Moxo Media Group Inc. office, and customer shall have recourse only to its selected courier for any shipping issues. Moxo Media Group Inc. shall not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances. 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. Shipping rates for high quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.
16. CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is returned to Moxo Media Group Inc. due to an error made by the customer in submitting the proper shipping address, Moxo Media Group Inc. will reship the package with corrected address and charge an additional shipping fee for the shipment.
17. ACCEPTING CLIENTS
Moxo Media Group Inc. reserves the right to refuse service to any person, company, reseller, affiliate or any third party without disclosing a reason or to terminate any project prior to completion at any time and for any reason. You agree that Moxo Media Group Inc. shall have no liability of any kind to you or to any third party arising from such refusal or termination. Moxo Media Group Inc. reserves the right to use any designs and/or your finished products as sample work for advertising and promotional purposes and for internal purposes.
18. LINKS TO THIRD PARTY SITES
The links throughout this site may let you leave MoxoMedia.com website. The linked sites are not under the control of Moxo Media Group Inc. and Moxo Media Group Inc. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Moxo Media Group Inc. is not responsible for webcasting or any other form of transmission received from any linked site. Moxo Media Group Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Moxo Media Group Inc.
19. COLOR MATCHING
Because of differences in equipment, paper, promotional products and inks and other conditions between color proofing and production press room operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. Moxo Media Group Inc. will make every effort to produce a reasonable representation based on materials supplied by the customer; however, Moxo Media Group Inc. does not guarantee color matching. Unfortunately time to time there is a misrepresentation of color due to soft proofing because of calibration of one monitor to another and mobile devices.
20. OVERRUNS AND UNDERRUNS
Overruns and underruns runs are a standard within the printing industry and will not exceed 5% of quantity ordered. This shall constitute an acceptable delivery. Example if you order 500 business cards you may receive between 475 – 525 business cards ( +- 5%)
21. PAYMENT INFORMATION
Moxo Media Group Inc. does not record, keep, or hold any credit card information on our servers unless the customer specifies otherwise. Moxo Media Group Inc. only records and holds information on jobs ordered: docket numbers, qty, paper type finishing, file and shipping info unless the customer specifies otherwise.
22. DELIVERY/ PRODUCTION TIMEFRAMES
Delivery and production timeframes are best-estimates and not guarantees. Artwork must be submitted in the proper format, be technically correct and the final design layout must be approved using our approval form in order for the timeframe to be respected.
All approvals must be made by the customer using our online project approval form. The customer must agree to our terms and conditions before Moxo Media Group Inc. will begin the print or any production. Approvals can not be made in person or via the telephone.