Terms and Conditions
Online Graphics (Canada)
Acceptance of Terms and Conditions
Please read these “Terms and Conditions” carefully. These “Terms and Conditions” govern your access and use of the Online Graphics (Canada) desktop and mobile websites as well as the provision and sale of products and services by Online Graphics (Canada) and/or its affiliates or partner providers. By accessing or using this website and its related software tools, its design modules, applications or any other Online Graphics (Canada) service, you agree to be bound by these “Terms and Conditions”. You are also bound by additional guidelines, restrictions, or conditions that may be posted herein in connection with specific sections or services of our website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference per these “Terms and Conditions.” If you use of this website on behalf of any business, organization, or other entity of any kind, you agree to warrant that you are authorized to accept these “Terms and Conditions” on its behalf and to bind such business, person, organization, or entity to same.
Every offer to perform work by Online Graphics (Canada) for the “Customer” – as in (transactions, orders, or agreements) between the two parties is governed by these “Terms and Conditions.” The applicability of all “Terms and Conditions” with the “Customer” and Online Graphics (Canada) shall be directly and only between these parties and no other entity.
Online Graphics (Canada) reserves the right to make changes to this website and to these “Terms and Conditions” at any time without prior notice. The “Customer” is obligated to review these “Terms and Conditions” for updates or changes as they may apply.
We may provide communications and notices to you electronically to the email address we have on file. Please check this frequently for updates. By setting up an user account, you agree to OPT-IN to our email distribution lists. You may OPT OUT anytime.
CONTENT of “Customer Website and Accessories”
The “Customer” understands and agrees to be completely responsible for supplying all CONTENT, in a reasonable time, to Online Graphics (Canada) for creating the website or creating other products they may order from Online Graphics (Canada).
Furthermore, the “Customer” agrees that if such materials are not properly delivered in a timely manner to Online Graphics (Canada) their website build may be halted until such a time as Online Graphics (Canada) has in its possession the necessary materials to complete the project. Online Graphics (Canada) will not be in any way responsible for any/all losses suffered by the Customer, due to the non-delivery of or delay in supplying the required website content.
Errors in Delivered Content
Note: Online Graphics (Canada) is not responsible for content with: any errors made by the customer as in – spelling, punctuation or grammatical errors – or inferior quality or low-resolution of uploaded images, errors in user-selected options such as choice of finish, quantity or product type and damage to the products arising after delivery to the customer. By approving your artwork after the uploading stage you agree to hold Online Graphics (Canada) harmless from further responsibility.
We work with “Customers” to assure the best outcome in our professional judgement. However, from time to time if information is not accurate or is missing we may have to limit our assistance to the “Customer” until the required corrections are received from the “Customer”.
Tech Support
Many of our website, print and hosting packages include technical support. While we at Online Graphics (Canada) maintain a solid record of customer satisfaction, with our technical knowledge and support, there may be times where immediate and/or permanent solutions to technical issues may not be found due to various issues beyond our control, including but not limited to: network infrastructure, software versioning, software conflicts, third party tools and software issues and other issues beyond our immediate control.
When we offer any products and/or services that state: “Tech Support Included”, this means that we provide our clients with our “technical best practices support” using “phone, email or online communications”. All monthly packages offered by Online Graphics (Canada) include a maximum of 1 hour of technical support per month. Any/all additional technical support will be quoted and billed separately (after the “Customer” approves) at $120 CDN per hour plus tax.
Use of Site
You are granted permission to access and use this website and its content for the purpose of business needs, preparing and ordering products or services solely through Online Graphics (Canada) (referred to herein as “products”). No other download, retention, use, publication, or distribution of any portion of the content is authorized or permitted. Obtaining products from Online (Canada) does not entitle you to use any portion of content apart from the finished products as they are supplied by Online Graphics (Canada).
You agree to use this site in a responsible manner that is in full compliance with these “Terms and Conditions” and within the laws and regulations of Ontario, Canada – including export and import regulations. Without limitation, no portion of content may be utilized as a trademark or service mark, or for any pornographic use, or any unlawful purpose or use, or to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the website to produce products that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable. Online Graphics (Canada) reserves the right, in its sole discretion – to refuse to accept any content provided by you to Online Graphics (Canada) or to process any order at any time and for any reason. Online Graphics (Canada) also may terminate its service to and/or the accounts of customers found to be using Online Graphics (Canada) to engage in undesirable activities or otherwise violating these “Terms and Conditions.” You agree that Online Graphics (Canada) shall have no liability of any kind to you or to any third party arising from such refusal or termination.
You are solely responsible for your use of content in combination with any other images, graphics, text or other materials you incorporate into your products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any *unauthorized third party in your products unless you have obtained the appropriate authorizations from the owners. You warrant that your products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your products. By placing an order on this website, you warrant that you have all the necessary permission, right and authority to place the order and you authorize Online Graphics (Canada) to produce the products on your behalf. You grant Online Graphics Canada the right to copy, modify, distribute, use, create derivative works of and digitize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Online Graphics (Canada) to copy, distribute, use, modify, create derivative works of and digitize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
The customer agrees that the risk of loss and/or title for any product delivered by a third party carrier ( sent by Online Graphics (Canada) to the “Customer” through ( ie: any delivery carrier ) shall be the responsibility of the carrier to deliver any item safely to you under it’s appropriate guidelines of service and is not the responsibility in any way for Online Graphics (Canada).
Indemnification
You agree that you shall indemnify Online Graphics (Canada) and all parties from whom Online Graphics (Canada) has licensed portions of content, and their directors, officers, and employees, against all claims of – liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard website content and that you uploaded or otherwise provided to Online Graphics (Canada) or incorporated into products.
Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Limitation of Liability
IN NO EVENT SHALL Online Graphics (Canada) OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE 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 OF A PRODUCT, LOSS OF DATA, OR ACCESS TO PRODUCT, OR BE RESPONSIBLE FOR A CUSTOMERS FINANCIAL LOSS OR DEBT , ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE ITS PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT WAS ORDERED FROM Online Graphics (Canada) OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM ERRORS, OMISSION, VIRUS, DELAY, HACKING, OR INTERRUPTION OF SERVICE IN ANY MANNER.
IN NO EVENT SHALL Online Graphics (Canada) BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO THE CUSTOMERS INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.
Terms and Conditions © 2019 – Online Graphics (Canada) – (all rights reserved)