By Placing An Order You Agree To The Following Terms and Conditions of The Plot Shop, LLC (“TPS”):
In submitting an image for print to TPS, you agree you have permission to use this image. TPS is not responsible for unauthorized use of an image for any reason.
Prices posted on this website are subject to change without notice. Written estimates are good for 30 days. An estimate not accepted within thirty (30) days may be changed.
2. Payment Terms
ALL orders must be prepaid due to the speed of our turnaround. In the event the details of an order/job have been modified and an unpaid balance is created, the card used to place the original order will be charged. Charges typically will occur within 24-48 hours of the modification, but can take longer depending on our current workload as these charges must first be individually verified.
3. Late Payments
All payments that are not received within 30 days from when the order was placed or by agreed upon date will be assessed a 20% late payment charge.
TPS reserves the right to upgrade the coating or quantity, at no additional charge, for any product ordered (excluding mailer pieces or unless otherwise stated in the details/special instructions). TPS also reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. TPS is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The customer guarantees the legal title of all matter submitted to TPS for printing and/or publication.
5. Order Approval/Proofing
TPS has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a TPS customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that TPS will review any other order you place. Orders are printed in their “as submitted” form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. TPS DOES NOT make any changes on customer files. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. TPS will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.
TPS does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof
against the original (and to correct any spelling or grammatical errors, etc).
If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time
6. Flyer Tagging
TPS reserves the right to place a tag similar to “Printed by TPS” on the printed material unless customer states that they would prefer it not to appear when initially placing order. There may be a fee assed if you elect not to have a tag placed on your flyer. Under no circumstances will TPS tag business cards or reseller accounts.
Cancelled orders require compensation for incurred costs and related obligations at the time of cancellation. Due to the speed of our turnaround, you may only cancel a job the same business day you place your order. The cancellation must occur before the cutoff time that applies to your order and the related product(s) that were ordered. A minimum charge of 5% of total job cost (includes shipping) is applied to jobs canceled. No refunds will be issued for orders cancelled after the business day order was placed.
8. General Refund Policy
A refund may be issued if the image is incapable of being reproduced.
9. Credit Card Forced Refund/Chargeback Policy
All credit card issues and/or disputes on products or services purchased by your credit card authorization from TPS shall be dealt with between the customer and TPS. By agreeing to these terms and conditions the customer agrees to never chargeback a purchase for any reason.
10. Accuracy of Specifications
Quotations are based on the accuracy of the specifications provided. TPS will re-quote a job at the time of submission if the art does not conform to the information on which the original estimate was based. Orders placed with TPS are to the customer’s knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order.
TPS ‘s liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. TPS warrants that every product manufactured meets the industry standard for that such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. TPS makes no other warranty and no actions or words of TPS or its officers, employees or agents shall constitute a warranty.
12. Governing Law
Any dispute between any of the parties hereto or any claim by a party against another party arising out of or relating to this Agreement or any alleged breach thereof, shall be determined in accordance with the laws in the State of Alabama. Customer agrees that any claim brought against TPS shall be made in Baldwin County, Alabama.
The customer represents that it has the legal right to produce all printed materials ordered from TPS. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against TPS based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by TPS ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold TPS harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending TPS against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing TPS for any legal fees and expenses it reasonably incurs in responding.
14. Electronic Manuscripts/Images
It is the customer’s responsibility to maintain a copy of the original computer files, artwork and transparencies. TPS is not responsible for accidental loss or damage to media supplied by the customer or for errors on supplied artwork furnished by the customer. Until TPS can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at our current rates. TPS does not archive your work for longer than it takes to produce the final product.
Customer alterations must be specified in writing and must include all corrections or changes from the original specifications. Such work will be charged at our current design rate.
When ordered by the customer, TPS will submit color proofs for the customer’s review and approval. Shipping charges may be assessed when sending a proof via mail, courier or any means other than pickup. To request a proof you must order it through the website shopping cart system when placing your print order. Proofs must be returned to TPS marked “O.K.” or “Revised Proof Required” and signed by the customer. Until the proof is returned, no additional work will be performed. TPS will not be responsible for undetected production errors if:
– Proofs are waived by the customer;
– The work is printed per the customer’s written OK;
– Requests for changes are communicated verbally.
All requests for changes of any kind must be made in writing to avoid mistakes.
17. Color Proofing
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a “pleasing color” variation between color proofs and the completed job [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance.
The generally accepted trade practice is plus or minus 10%.
19. Delivery/3rd Party Shipping/Pickup
Charges for delivery of materials and supplies from the customer or the customer’s supplier to TPS are not included in quotations unless specified. TPS is not responsible for delays and/or damage incurred during shipping. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever comes first. If the “pickup” option is selected when the order is originally placed you will have 15 calendar days to retrieve materials. If more than 15 calendar days elapses the order is considered abandoned and TPS has the right to discard materials, unless otherwise agreed upon in writing. Orders that have delivery or shipping selected will be shipped immediately upon completion. Shipping carriers visit our officemon-fri (4pm-6pm) and pickup completed orders, exceptions are holidays or if the office is closed due to inclement weather. If your order is not ready by the time the shipping carrier visits our office, your order will be picked up the following business day.
Claims for defects, damages, or shortages must be made by the customer in writing no later than 10 calendar days after delivery. If no such claim is made, TPS and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that TPS’s performance has fully satisfied all terms, conditions and specifications. Any disputes on products or services purchased by your credit card authorization from TPS shall be dealt with between the customer and TPS.
21. Workmanship Guarantee
If any order does not match the generally accepted trade standards, we will reprint the job or issue the customer a credit at our discretion.
a. Print turnaround is based from when production begins.
b. When placing an order we will print the corresponding size that is selected unless otherwise stated in the details/special instructions. (if you can not find your desired size, please pick the next size up i.e. if you want a 4×4 flyer you would select “CD Insert (4.75 x 4.75)” and note in the special instructions that you want a 4×4.
c. If we only receive one file for a job we will assume that file is to be used for side 1 and side two is blank, unless otherwise stated.
d. We will NOT accept files that are emailed. All orders MUST be placed through the website.
If for any reason we must reprint a job, we MUST use the original files uploaded. Under no circumstances will we accept new files for the reprint.
23. Turnaround Estimate
Purchasing non-standard upgraded turnaround should NOT be construed as a guarantee and does not apply to any additional production. Additional production includes, but is not limited to folding, scoring, perforating, die-cutting and drilling. Print turnaround times displayed on the price calculator page are only estimates. At TPS’s discretion, if a job does ship by the estimated turnaround, TPS may issue a credit towards the customer’s next order, but the customer must request this credit. The amount of the credit is at the discretion of TPS. Exceptions to the issuance of credit include, but are not limited to equipment failure/power outages, 3rd party shipping errors and “acts of god”.
24. Privacy Statement
Any information TPS collects from order processing or from any inquiries is not shared with any other company. Your information is only used for contact, current special notification, billing, and shipping purposes only.
TPS may use your product for samples or advertising purposes.
Our name will appear as “The Plot Shop, LLCor TPS” on your credit card statement.
27. Billing Penalties
There will be a $25 charge for all insufficient or returned payments.
28. Inkjet Proofs
Inkjet and laser prints are known to look substantially different than offset printing. We offer quick turnaround and low prices by printing to a “pleasing color” standard, using standard ink densities. There is no guarantee that your finished piece will match your printed proof. This is due to the varying results from different output devices including inkjet printers, continuous tone proofing devices, and film-based proofs.
29. Changes to our Terms & Conditions Policy
TPS may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we state otherwise