Acceptance of Terms
Welcome to our Web-site. We provide our Web-site as a service to our customers. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.EcomDesk provides a collection of on-line resources, including various customer based services, (hereinafter "the Service") subject to the following Terms and Conditions. In all circumstances the use of the service, you agree to abide by the terms and conditions listed below. Should you oppose to any term or condition of these Terms of Use, your only recourse is to immediately discontinue use and promptly exit this Web-site.
Changes to these Terms of Use
EcomDesk reserves the right to change,modify or change these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. Review these terms of use periodically to notify you of any changes.
Description of Service and Types of Use
EcomDesk Is an online withcustomer based service. Our customers can request design and printing quotes, explore and purchase our web related and printing products, and access private customer account and order information. By using this Web-site, you agree to abide by all terms and conditions of this agreement.
EcomDesk provides different levels of services depend on your service plan. Is your responsibility to be informed of the conditions and the various levels of services provided by EcomDesk. You are responsible for any and all activity that occurs under your screen name or your account. It is your responsibility to familiarize yourself with our Privacy Policy.
Orders Cancelled.
EcomDesk Will be happy to help you cancel your order prior to APPROVAL. However, orders may be eligible for cancellation upon request via email. Order cancel them according to his work hygieneproduction of current status of the abolition of quotas. Cancellation costs as follows:
Orders that are cancelled are subject to a cancellation fee based on the current production status of your job. The cancelation fees are as follows:
- $10 – PRIOR to a proof being sent
- $20 – AFTER a proof being sent, but PRIOR to customer approval
- NO REFUND – There will be no refunds of any kind AFTER a job has been approved
- NO REFUND – There will be no refunds of any kind AFTER a job has been placed successfully for the Logo, Graphic design services, and Web-site design, web hosting and domain registration services
ALL REFUNDS WILL BE IN THE FORM OF IN-HOUSE CREDIT!
Other Fees
- $10 – PDF proof on Business Card jobs
- $15 – PDF proof on product with size 6.25”x4.25” or smaller
- $25 – PDF proof per single sided 8.5”x11”
- $30 – PDF proof per single sided greater than 8.5”x11”
- $30 – Manual text entry per double sided 8.5”x11”
- ADDITIONAL FEES FOR SUBSEQUENCE PROOF
- This is not an exhaustive list; other fees may be incurred in special
Artwork Design
All submitted artwork or graphics must meet the following printing specification:
Design Specification:
- Color format: CMYK
- Resolution: 300 dpi (or higher)
File Specifications
- Image: Rasterized
- File format: PDF (preferred), AI, CDR, PDF, EPS, PSD, JPG, and TIFF
Print Specifications
- Design size: Final print size plus BLEED
- Bleed: Include 1/8” (0.125”) to each size. For example, a business card of size 3.5”x2” would have the design size (including Bleed) of 3.75”x2.25”
- Safety Border: Ensure that all important images or text are 1/8” to ¼” from each size being cut
EcomDesk is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. EcomDesk is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
For design that requires lots of text, all customers require to provide the text in a format where it can be cut and paste onto the design. Additional charge will be applied if manual text entry is required. See Other Fees for more information.
Order Approval
All customers are fully responsible for final proof and approval of design before printing. EcomDesk is NOT LIABLE for errors in a final product caused by any of the following reasons:
- Misspelling, graphics, bleeds, grammar, damage fonts, punctuation, wrong cuts, incorrect or missing folds, finished product size INDEMNITY.
Customer Provided Proofs
For each job, the customer might need to provide a hardcopy proof of your job when placing the order. If the job is double-sided, folds or binds(for example, brochures and catalogs), then a working model (mockup) of the job is required to indicate backup, page orientation, folding, binding and page order/assignment. We are not responsible for any such errors if a working model is not provided prior to proofing. EcomDesk is also not responsible for any and all errors in the customer's printing job if they select the "Run As Is. No Proof" option.
Color Proof Accuracy
Please note that although color proofs supplied to the customer are highly calibrated and very accurate, they cannot match the final printed product 100%. This is due to the fact that proofs are created in a different way than the printed piece (ink, paper stock, registration, line screens, etc.) Also note that the customer proof may not closely match our proofs or the printed piece either for the same reasons, and because the customer supplied proofs are not calibrated to our presses.
EcomDesk 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.
EcomDesk will attempt to matcheach gradient color density. EcomDesk is not responsible for the final appearance of a color.
UV Coating application may affect or alter the appearance of the printed colors. EcomDesk is not liable for the final color appearance of a UV product(s).
Returns & Refunds
ALL SALES ARE FINAL. If we verify that we made an error, we will re-print the order. No Refunds or Credit. Customer must notify EcomDesk within 7 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken.
All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped by customer’s own expense.
Order Shipping and Delivery
EcomDesk will always take action to ensure the delivery schedules are met. However, unexpected difficulties in processing and printing of orderlyproduct may delay delivery. Delay due to technical difficulty,rush fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation. In no case shall EcomDesk be liable for any consequential or damages resulting from any delay or shipment or delivery. Allcustomers of EcomDesk agreed not to hold EcomDesk liable for delivery delays caused by weather conditions, shipping company delays,or any other circumstances beyond EcomDesk direct control. EcomDesk shipment and delivery dates are calculated based upon estimates provided by our suppliers.
An order could be shipped with multiple shipments as each print product is shipped separately.
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, EcomDesk will reship the package with corrected address and charge an additional shipping fee for the shipment.
EcomDesk is not responsible for third party shipping errors, omissions or damaged shipments.
Turnaround Time
Although we make every possible effort to turn jobs around in the estimated times offered, your job may require more time due to unforeseeable or uncontrollable circumstances or finishing services added onto the job. We will not credit customers if a job runs past the estimated turnaround time. TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE!
Estimated Turnaround Time:
- Artwork Design (for size 8.5”x11” or less-single sided): 3-5 business days
- Printing (normal orders): 3-5 business days
- Printing (custom orders) : 7-10 business days
- Shipping: DEPENDS on shipping methods
Limitations of Service
You acknowledge that EcomDesk may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, or other Content that may be transmitted or stored by the Service. You agree that EcomDesk has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that EcomDesk reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that EcomDesk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Access Service
All pages within the EcomDesk Web-site and any material made available for download are the property of EcomDesk and/or its customers. The Web-site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of EcomDesk. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
EcomDesk grants you a limited,revocable,non-exclusive license to access the Service for personal use. EcomDesk permits you to display on your Web-site, or create a hyperlink on your Web-site to individual content on the Service so long as such use is for noncommercial. You may also create a hyperlink to the home page of EcomDesk sites so long as the link does not portray EcomDesk in a false, misleading, derogatory, or otherwise offensive manner.
Termination of Service
You agree that EcomDesk, in its sole discretion, has the right to(but not the obligation)delete or deactivate your account, cancel your subscription or your access to and use of the Service(or any part thereof)immediately and without notice, remove and delete any of the servicescontent, for any reason including but not limited to, ifEcomDeskbelieves that you have violated the conditions of this agreement. EcomDesk agrees to terminate your account within 30 days of receiving a notice from you.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ECOMDESK WEB-SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ECOMDESK MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ECOMDESK WEB-SITE AT ANY TIME. ADVICE RECEIVED VIA THE ECOMDESK WEB-SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ECOMDESK WEB-SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WITH NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ECOMDESK WEB-SITE FOR ANY PURPOSE. ECOMDESK DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEB-SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS WEB-SITE, ITS SERVERS, OR E-MAIL SENT FROM ECOMDESK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB-SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB-SITES.
ECOMDESK CAN NOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS, GRAPHICS, FILES, CORRUPTION OF DATA SUBMITTED, OR THE COPYING OF PHOTOS OR GRAPHICS BY ITS USERS OR UNAUTHORIZED USERS. IN ANY EVENT THE LIABILITY OF ECOMDESK IS LIMITED TO THE LIFETIME AMOUNT PAID BY YOU FOR ONLINE SUBSCRIPTION FEES ONLY EXCLUDING ANY PRODUCTS ORDERED THROUGH THIS WEB-SITE OR ANY OTHER FEES. THE LIFETIME AMOUNT OF YOUR SUBSCRIPTION FEES PAID WILL BE DETERMINED AT THE SOLE DISCRETION OF ECOMDESK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECOMDESK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ECOMDESK WEB-SITE, WITH THE DELAY OR INABILITY TO USE THE ECOMDESK WEB-SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ECOMDESK WEB-SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ECOMDESK WEB-SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ECOMDESK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ECOMDESK WEB-SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ECOMDESK WEB-SITE.
Although EcomDesk attempts to ensure the integrity and accurateness of the Web-site, it makes no guarantees whatsoever as to the correctness or accuracy of the Web-site. It likelyWebWeb-site may contain inaccuracies or errors, unauthorized additions,deletions, and changes to the site from a third party. In an event that an inaccurate occurs, please informEcomDeskso we can take appropriate action. Information contained in the Web-site may be changed or updated without notice.
Copyright and Trademark Notice
All contents of the EcomDesk Web Site are: Copyright 2010 by EcomDesk. All rights reserved.
Including but not limited to text,Graphics,logos,icons,images,audio clips,video clips,digital downloads,data compilations and software, are the property of EcomDesk. All content uploaded by EcomDesk customers or subscribers, including but not limited to photographs, graphics, and text, remain the sole property of the uploading customer or subscriber. All contents of the EcomDesk Web Site are Copyright 2008 by EcomDesk and is protected by United States and international copyright and intellectual property laws.
Trademark
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Reserves all rights not expressly granted herein.
Notification and Making Copyright Infringement Claims Procedure
If you believe that your intellectual property rights have been violated please provide us with the following information:
- Signature of the owner of the copyright or other intellectual property interest.
- A detailed description of the copyrighted material and its location.
- The URL of the copyright or other material in question.
- Your current contact information, including address, telephone number, and email address.
- A signed statement form You stating that it is Your belief in good faith that your copyright have been infringed.
- A signed statement from you that all information provided by you is accurate and that you are either the copyright owner or are authorized to act on his/her behalf. This statement shall be under penalty of perjury.
EcomDesk may under some circumstance and in its sole discretion, censor the content in question or terminate the account of a repeat offender. Please send this information to EcomDesk by using Contact Us form.
No Unlawful or Prohibited Use
As a condition of your use of the EcomDesk Web-site, you warrant to EcomDesk that you will not use the EcomDesk Web-site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EcomDesk Web-site in any manner which could damage, disable, overburden, or impair the EcomDesk Web-site or interfere with any other party's use and enjoyment of the EcomDesk Web-site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EcomDesk Web-site. You may not attempt trying to change the behavior of our Web-site, attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Web-site, overloading, "flooding,” "spamming," "mailbombing" or "crashing". Violations of system or network security may result in civil or criminal liability. Sending unsolicited and unauthorized e-mail on our behalf, including promotions and/or advertising of products or services, is expressly prohibited. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.
Kids’ Privacy
Our Web-site is intended for use by individuals 13 years of age or older. Our Web-site is not directed to children under the age of 13. Users under the age of 13 must use the assistance of a parent or guardian before they use or visit our Web-site.
Information & Content You Submit to Us
By using our Web-site, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Web-site is not confidential. By submitting any solicited or unsolicited information using our Web-site, you grant to us and our affiliates an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.
We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights, including but not limited to the use of a union bug. We are not a union shop and are not authorized to print materials with a union bug. If you submit content with a union bug, we will not print any such content if the union bug is observed during our quality control process. Jobs that violate this union bug policy will automatically forfeit monies collected. Refunds, credits, or partial refunds will be at the sole discretion of our company.
Indemnity
You agree that you shall indemnify and defend EcomDesk and all parties from whom EcomDesk has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to(i) your violate of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic, trademark, copyright or other material you incorporated into Products.
Price
All prices are subject to change without notice, no adjustments will be made.
Right of Refusal
We have the right to refuseService or product to any person or organization.
Applicable Law
EcomDesk is based in San Diego, California. Any legal action or proceeding relating to or arising from your access to or use of this Web site shall be instituted in San Diego, CA. You agree to submit to the jurisdiction of San Diego, CA courts and agree that venue in these courts is proper in any such legal action or proceeding.