Terms & Conditions

Terms & Conditions

Terms and Conditions of Order

By placing an order with ICONICA Communications 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 ICONICA Communications Inc for printing services, and will 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.

Printing & Cutting

All postcards are “gang printed.” ICONICA Communications Inc 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 is guaranteed to be within 85-90% to the press match proof we offer. We accept no responsibility for colour variations between submitted images and the actual artwork or product they represent. ALL files must have an 1/8″ bleed all around. A $25 fee may be charged to create a bleed if it has not been incorporated in your files. This fee is solely at our discretion. Critical type or images must be at least 1/4″ from the edge of the card. ICONICA Communications Inc. 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.

Turnaround

Our posted turnaround times begin ONLY after an order has been “received”. Orders are considered “received” and are put into production ONLY when the following conditions have been met:

  1. An ORDER FORM has been completely filled out
  2. All files have been correctly submitted
  3. If applicable, the customer has approved the online proof and has given the go ahead to proceed with production, and
  4. Payment information has been provided.

Please note that our cutoff if 12pm EST. Production will begin the following day for orders received after this time. Although we rarely miss production schedules, the printing and pre-press process involves equipment which is subject to malfunctions and/or equipment failure. We will always do everything in our power to make sure that any production problems do not delay your job. However, please note that ALL production and delivery times ARE NOT CONTRACTUAL and no turnaround time can be guaranteed. No verbal or written correspondence by anyone at ICONICA Communications Inc. can change that. Please try to plan date sensitive materials timely.

PDF Proofs

Files are checked on a first come first served basis. If a PDF proof is requested it can take up to around 24 hours before your files are checked due to the large volume of orders we receive. If your files are set up correctly you will receive an email with a link to your on-line proofs. PDF proofs are meant to check for layout only and not meant to check colours. We also suggest that if your job is colour critical, you purchase a press match proof. Please keep in mind that while we will try our best to match proofs, ICONICA Communications Inc. DOES NOT GUARANTEE COLOUR MATCHING. PDF proofs will NOT be sent out for the following formats: PSD, TIF, JPG, BMP, GIF, PCX, PNG. These formats are flattened where images and fonts will not change. Customers will not be notified and production will start on these orders immediately.

Colour Matching and Proofs

To ensure proper colour matching customer 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 colour 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 the printed cards may differ from what you see on your screen. Please keep in mind that while we will try our best to match proofs, ICONICA Communications Inc. DOES NOT GUARANTEE COLOUR MATCHING.

Warranty

In the unlikely event that an error has occurred during the production of a particular job, ICONICA Communications Inc. must be promptly notified of the problem. Claims for defects, damages, shortages must be made by the customer in writing within a period of fifteen (15) days after delivery of all or any part of the order. 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 ICONICA Communications Inc. whether the defect is of such nature as to qualify for a discount or re-print. Our liability should be 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 10% of the order.

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. Unless otherwise specified (in writing at the time the order is placed).

Payments

We accept cash, money orders, certified/bank checks, Visa, Mastercard, and Paypal. Payment shall be whatever was set forth in the quotation or invoice unless otherwise provided in writing. The person placing the order will be personally responsible for any outstanding debt owing. An additional $25.00 fee will be charged for return cheques to original amount. As security for payment for any sum due or to become due under terms of any Agreement, 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.

Refund & Cancellations

Once an order has been received and has entered the production cycle, refunds are not allowed. No partial refunds given for work not completed. If any project(s) is cancelled, for any reason, for which deposit or retainer fees have been submitted, the refund will be 50% of the deposit or retention fees for said project(s). Customers requiring modifications to their order after viewing PDF proofs will be charged a $25 fee. We urge clients to proof read all materials prior to submitting artwork and not to use our free PDF proof service as a way of checking final content. Customers wishing to cancel orders once PDF proofs have been generated will incur a mandatory $50 fee. This fee is not negotiable and will be charged in full.

Materials

Working mechanical art, type, negatives, positives, digital files, flats, plates and other items when supplied by the printer, shall remain his exclusive property unless otherwise agreed in writing. You certify that you own the rights to use the image(s) being reproduced on your postcard. 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.


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.

Taxes

All orders placed and paid for in Ontario are subject to 5% 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 1 (888) 737-8358). Canadian orders placed and shipped outside of Ontario are subject to 7% GST only. USA orders are tax exempt. Materials printed in Canada ship duty free to the USA under the NAFTA agreement.

Shipping & Handling

Delays, damage or loss of packages during shipping are the sole responsibility of the carrier providing shipping services. ICONICA Communications Inc. will not be held responsible for any delays, damage or loss of packages caused during shipping. ICONICA Communications Inc. 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.

Indemnification

The customer shall indemnify and hold harmless the designer/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 the printer on grounds alleging that the said 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. The customer agrees, at the customer’s own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the printer, provided that the printer shall promptly notify the customer with respect thereto, and provided further that the printer shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.

Period of Quotation

This Quotation for the furnishing of Creative Brain Storming, Design time, Photography or other materials, including any equipment system consisting of components, some or all of which are manufactured by ICONICA Communications ({Seller}) (hereinafter collectively referred to as {Equipment}), will remain in effect for a minimum period of thirty (60) days from the date signed by or on behalf of Seller and (unless previously accepted by Customer) may be withdrawn anytime thereafter by Seller.

Prices

The prices quoted are those in effect on the date of this Quotation, and will remain in effect during the period of Quotation. Seller shall have the right, however, to issue a modified Quotation in the event of unforeseeable changes in the costs of raw materials. Seller’s prices are F.O.B. Sellers headquarters or other designated point of shipment. Taxes: Prices quoted do not include (and Customer agrees to pay) taxes, tariffs, duties, or fees of any kind, which may be levied or imposed on either party by federal, provincial, municipal, or other governmental authorities in connection with the sale or delivery of the Equipment by Seller.

Terms of Payment

The Seller will require the Customer to make a minimum fifty percent (50%) non-refundable down payment and to make progress payments commensurate with performance by Seller, satisfaction of which requirements by Customer shall be a condition to Seller’s obligation to manufacture and deliver the Equipment described herein. The Seller will require the Customer to pay the remaining fifty percent (50%) upon completion of the project. Any amounts due by Customer to Seller, which are unpaid, on or after thirty (30) days of Seller’s invoice for such amount shall bear interest at the rate of four percent (4%) per month. The accrual of payment of any interest as provided above shall not constitute a waiver by Seller of any rights and remedies in connection with a default by Customer. Customer shall pay all court costs, attorneys fees, and other costs incurred by Seller in collecting past due accounts, including interest. If delivery or installation of Equipment is delayed by or at the request of Customer, payment will become due in full thirty (30) days from the date Seller notifies Customer that such Equipment is ready for shipment. In such event, Seller may impose, and Customer agrees to pay, storage charges and other incidental expenses incurred by Seller as a result of the delay, in addition to any interest on late payment as described above. Section 2: An account with Iconica Communications must have an initial deposit of $8000 to cover any expense incurred as a result of beginning work on any given project within a project mission. Section 2.1: An account with Iconica can only be credited if the amount of elapsed time on any given project or project mission is zero or nil.

Limited Warranty – Disclaimer of Warranties

Seller warrants that Equipment manufactured by Seller (including any and all components of a system described in the Quotation to the extent manufactured by Seller) will be free from defects in materials and workmanship for a period of twenty-four (24) months. Such warranty shall not apply in any event to failure or defects in materials due to wear and tear, normal maintenance procedures, exposure, storage, or corrosion, and shall not extend to any person or entity other than Customer. This warranty will be void where the deliverable(s) submitted by Seller are altered or modified by the client, any third party, or used in an environment that was not agreed upon. The above limited warranty shall apply solely with respect to Equipment manufactured by Seller, and Seller makes no warranties with respect to materials and components of the Equipment described in the Quotation, which are manufactured by others. The sole remedy available to Customer with respect to defects in such materials or components supplied by others shall be against such manufacturer under any manufacturers warranty relating to such materials or components to the extent available to Customer. The warranty in this Section shall terminate upon sale or lease of the Equipment by Customer to any other person, unless otherwise agreed in writing by Seller.

Changes

Seller reserves the right from time to time to correct any typographical or clerical errors, including errors in mathematical computations, which may exist in any terms of this Quotation. All Equipment shall be furnished subject to any and all variations and tolerances based on the standard practice of Seller. Seller may at any time cease manufacturing any Equipment (including replacement parts or components) at its discretion without liability to Customer.

Privacy and Confidentiality

All correspondence and documents provided will be treated as confidential between the Customer and the Seller, unless consent has been granted by both parties involved. The information contained is considered confidential and should not be shared with any third party unless their services are required by us or our development team; in which case upon request we would provide the document to the third party first-hand omitting any financial information.

Cancellation or Termination

In the event of cancellation of this Quotation by Customer, or in the event of a default hereunder by Customer which is not cured within ten (10) days after notice by Seller, Customer shall pay to Seller on demand all direct and indirect costs (including, without limitation to engineering, product development, overhead, and administrative costs) incurred directly or indirectly by Seller in connection with the Quotation, all as reasonable determined by Seller, for the period to and including the date on which Seller receives notice of cancellation, plus profit in an amount equal to twenty percent (20%) of all such direct and indirect costs. Any progress payments or other amounts paid by Customer shall be credited toward payments of any such costs and profit. In no event, however, shall any amount payable by Customer hereunder exceed the total price payable by Customer for the Equipment under this Quotation. If at the time of cancellation or termination, Seller has delivered to Customer, Equipment which constitutes a standard product of Seller (not modified for delivery to Customer), Seller may at its discretion accept return of such Equipment provided that (a) Customer pays all costs of re-shipping such equipment or materials to Seller F.O.B. Seller’s facility, (b) such materials are in the judgment of Seller merchantable and fit for use and resale by Seller, and (c) Customer shall pay a restocking charge equal to ten percent (10%) of the list price of such Equipment as of the date of such return.

Technical Assistance

Unless otherwise specifically provided herein, this Quotation does not include any services of Seller in connection with installation, testing, or evaluation of the Equipment. Seller shall, however, consistent with its capabilities and subject to scheduling acceptable to Seller, make available to Customer technical assistance solely for the purpose of assisting Customer in installation and start-up of the Equipment in accordance with Sellers instructions. Customer shall pay Seller for such services at the per hour rates then imposed by Seller, together with any out- of-pocket expenses to Seller of providing such technical assistance. The sole remedy of Customer in connection with any acts or omissions of Seller in the provision of such services shall be the provision of further technical assistance to Customer reasonably required in connection with installation and start-up of the Equipment.

Approval of Specifications and Drawings

Customer shall promptly approve, reject, or otherwise respond to any and all specifications or engineering drawings submitted by Seller to Customer in connection with the manufacture of Equipment. Any approval by Customer of specifications or drawings shall constitute conclusive approval of Equipment supplied in conformity to such specifications or drawings.

Literature

Seller shall have no liability for the accuracy or content of any advertising material or catalogs or reference literature relating to the Equipment. Such literature is made available solely for the purpose of description and does not constitute a warranty or any term or condition of this Quotation.

Acceptance of Agreement

The above prices, specifications and conditions are hereby accepted. The integration manager is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above. This agreement is not valid until signed by client and returned to the Seller.

PROOFING DISCLAIMER

Client is responsible for proof reading the final draft and approval before going to print. I hereby agree to place this order. I will be billed depending on the amount of work required for the job (see price list). If I no longer require this job, I fully understand that I will be billed according to what has already been completed. Printing turnaround time will ONLY commence upon client approval. **Note: In an attempt to consider the environment and print less paper, ICONICA will now be proofing as much as possible over email (We will still print feature sheet proofs and some other items in colour so you can see accurate colour levels should there be any picture, cosmetic changes or edits) thank you for considering the environment. Print one less sheet today, save the planet tomorrow…