Terms and Conditions
NOTICE
By placing an order with Digitek, Inc., you agree to the following terms:
GENERAL TERMS & CONDITIONS
digitekprinting.com is owned and operated by Digitek, Inc, a California Corporation, herein referred to as Digitek. By visiting or registering with the digitekprinting.com website you agree to be bound by the terms and conditions. If you do not agree to all of the terms and conditions, please do not access this website. Digitek reserves the right to change, modify or amend the terms and conditions without notice.
Website malfuntion or errors causing for the incorrect price or turnaround time to be displayed may be subject to order cancellation. Digitek will make all efforts to advise of the discrepancy witin 2 hours of receipt (during business hours), and offer options to correct it before cancelling the order at no liability to either party.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Digitek, including its licensors, suppliers, or vendors, their officers, directors, employees, or agents, assigns or affiliates 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 Digitek has been advised of possibility of the damage, arising out of or in connection with the use or performance of the website or of failure to provide services that you order from Digitek or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Digitek 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.
COPYRIGHT NOTICE
You acknowledge that all content included on this website, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations are intellectual property and copyrighted works of Digitek and/or various third-party providers (“Providers”). Reproductions or storage of Content retrieved from this website, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
CORPORATE IDENTIFICATION AND TRADEMARKS
digitekprinting.com and any all other marks appearing on this website are trademarks of Digitek in the United States 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 website, without Digitek’s prior written consent. The use of Trademarks on any other website or network computer environment is prohibited.
USER CONDUCT
You are solely responsible for the content and context of any materials you post or submit through the website. You warrant and agree that while using the website, you shall not upload, post, transmit, distribute or otherwise publish through the website any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the website; (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. 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 further acknowledge and agree that Digitek 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 Digitek, its users and the public.
USE RESTRICTION
You may only use this website to make legitimate requests to purchase the products or services offered, and shall not use this website to make any speculative, false or fraudulent Requests. You are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this website.
You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this website for the sole purpose of using this website as a shopping resource. Any other use of materials or Content on this website, including reproduction for a purpose other than that noted above without Digitek’s prior written consent is prohibited.
DISCLAIMER OF WARRANTIES
The website, including all his content and information available is provided “as is” basis, without representations or warranties of any kind whatsoever express or implied, including without limitations non-infringement, merchantability, or fitness for a particular purpose. Digitek. does not warrant that the website or the functions, features or content, will be timely, secure or uninterrupted.
THIRD PARTIES
If you use this website 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 website, including all rules and restrictions applicable thereto.
ENTIRE AGREEMENT
These Terms and Conditions, together with the Privacy Policy, 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 website.
GOVERNING LAW
The internal laws of the State of California shall govern the performance of these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in San Francisco, California for all disputes arising out of, or relating to, the Terms and Conditions and use of this website.
NOTICES
Except as explicitly stated otherwise, any notices shall be given by email to Digitek at info@digitekprinting.com or to you at the email address you provide to digitekprinting.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 DIGITEK
Our postal address is:
Digitek Printing
PO Box 880430
San Francisco CA 94188
We can be reached via email at print@digitekprinting.com or by telephone at 415-371-7900
OFFICE HOURS
Our office hours are 9:00 AM- 6:00 PM from Monday – Friday.
TURNAROUNDS
Next Business Day turnaround: All jobs submitted and approved by 1:00 PM (PST) will be ready the next day by 5:00 PM.
Same Day turnaround: All jobs submitted and approved by 1:00 PM (PST) will be ready to ship or pick-up at by 6 PM (PST).
Artwork or proof approval received after 1 PM (PST) are considered as submitted or approved to print the following business day, and turnaround time begins to count down from that day. For example, if an order that can be ready “next day”, and is submitted after 1 PM (PST) Monday, will be ready to ship or pick up by end of day Wednesday.
NOTE: We try our best to meet or even beat the listed Turnaround time, but we will not be responsible for any damages or refunds due to delays occurring due to equipment malfunctions or emergencies. If you are placing an order which is critically time sensitive then please make sure to check with us.
RETURNS/REFUNDS
Since each order is unique to our customer, they have no re-sale value, All Sales Are Final and No Cash Refunds are provided. If we verify that the printing error was made by digitekprinting.com, we will re-print the order at no additional cost.
You must notify digitekprinting.com within 3 business days of receiving the order of any defects discovered in the ordered product or the claim will be denied. In order to receive replacement, customer may have to return 100% of the received product. We do not supply Return Shipping labels. You will have to pay for the return shipping charges and Digitek will credit the shipping charges back to you account.
All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason.
ORDER APPROVAL
Customer is fully responsible for final proof and layout approval prior to the printing process.
Digitek is NOT LIABLE for errors overlooked by the customer during proof approval. All PDFs received are considered FINAL and APPROVED artwork.
CUSTOMER SUBMITTED ARTWORK AND GRAPHICS
All artwork or designs and images must be provided in CMYK format or color separation based on the product ordered. Digitek, 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. Digitek is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to Digitek Digitek is not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to Digitek, 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 upload any artwork files 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.
COLOR PROOFING & MATCHING
Digitek 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.
Application of UV Coating may effect or change the appearance of the printed colors. Digitek, Inc, is not liable for the final color appearance of a UV product/s.
ORDER CANCELLATION
Digitek, Inc will be happy to help you cancel your order prior to being processed. However, orders may only be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order. If job is canceled any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. Minimum is $15 (15%-30% of total transaction) Once the order has been processed successfully, No Refunds are issued for the Graphic design services. Digitek is not responsible for any duplicated orders that are laced on our website due to the customer mistake.
SHIPPING & DELIVERY
Unless you choose Pick Up or Mailing Services, you need to select one of the shipping options presented to you on the Site. All shipping is currently done via FedEx or in-house courier for deliveries within San Francisco. When choosing a shipping option, 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 FedEx. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday.
Shipping transit times vary and you agree not to hold Digitek liable for delays in shipments caused by weather conditions, shipping carrier delays, international customs issues or any other circumstances beyond Digitek’s direct control. Digitek shipment and delivery dates are calculated based upon estimates provided by our shipping carriers.
Digitek will always make the best effort to ensure that delivery schedules are adhered to despite of production issues. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. Under no circumstances shall Digitek be liable for any consequential damages resulting from any delay in shipment or delivery. Digitek will not accept any order cancellations due to delays caused by production issues. Pick Up orders will be held for a maximum of 30 days at our facility. After 30 days, your order will be recycled.
SHIPPING ERRORS AND LOST PACKAGES
Digitek is not responsible for 3rd party shipping errors, omissions or damaged shipments. Anything shipped via FedEx is automatically insured for a maximum of $100 per shipment by the carrier. Your shipment is not insured by Digitek and as such Digitek is not responsible for filing any claims with the shipping carriers on your behalf.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Digitek will reship the package with corrected address and charge an additional shipping fee for the shipment.
In certain cases our shipping carrier FedEx will attempt to perform an address correction and deliver to the correct address. Digitek gets automatically billed a set fee of $11 by FedEx for this service. Digitek will subsequently add this amount to your invoice and charge to the credit card that was used to place the order. This may happen as late as 30-45 days after the order is shipped.
We reserve the right to refuse service without disclosing a reason.
MISCELLANEOUS
All complains 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 Digitek 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.
