By engaging Intaglio Editions’ (the “Company” or “Us”) services you (“You” or “Client”) agree to and are subject to the following promises, terms, and conditions (the “Agreement”):
Printing Services (the “Services”). The Company provides high-resolution, photogravure, intaglio, and traditional printing services for art professionals, with associated services to the Client, as defined on the website and specified in the Client’s services order (the “Order”). Company shall provide the Services in its sole and exclusive discretion, and in any reasonably commercial manner the Company deems fit, without input from Client or any third-pa.
Rights; License. The Client shall retain all intellectual property and other rights in any works (the “Intellectual Property”) Client submits in accord with its Order for Services.Client warrants it maintains all legal title, including copyright, in the Intellectual Property entitling Client to reproduce or otherwise use or copy the Intellectual Property. Client warrants and agrees under no circumstance will Company be liable in any way to any third-party for any content or materials Client uploads, uses, or submits in association with the Services, or for any loss or damage of any kind that a third-party allegedly incurs as a result of the Services. Company does not, and is not required to, maintain any information Clientuploads or submits for a particular project or the Services. Client agrees Company does not have any responsibility or liability for the deletion or failure to store any such information in any way.
Pricing. The price for the Services shall be controlled by the amount listed on Company’s website at the time of the Order, and as specified in the Order or its invoice. Half- and full-day charges may not include preparatory or other related services, which, if reasonably necessary will be billed in addition to any half- or full-day charges at Company’s standard, hourly rate.
Compensation. All fees and prices will be listed and charged in association with the specific product or Service offered. Client agrees to be solely responsible for paying all fees associated with the Services. Any payments not made within 15 calendar days of delivery of a completed Order shall be subject to a 10% late payment fee. You represent and warrant to Company that any information provided for a credit card or other purchase is true and accurate, and that by submitting that information, You are authorized to use the payment instrument and are authorizing the sale. If You dispute any charges by Company, You must let Company know of that dispute within thirty (30) calendar days after the date of the subject charge. You agree to be wholly and completely responsible for any charges You do not notify the Company about prior to the expiration of that time period. You may contact Us regarding any issues at email@example.com. If requesting a service credit or refund, you must submit a claim to this email address.
Limitations on the Printing Services; Client’s Responsibilities; No Warranties. The manner and method of making any print is solely at Company’s discretion. Client shall not have any right to control the Company’s manner and method of performance of the Services in any way. Printing Services often include the need to produce multiple proofs or plates to achieve a professional or BAT-quality print. Company is not responsible for the quality or print-readiness of any materials You upload or submit for use in the Services. Company is likewise not for any costs associated with the need for additional proofs or plates in a particular project. Client agrees to be wholly and completely responsible for any issues with Uploaded Content and for all charges associated with proofs and plates in relation to a particular project, print, or Order. Company will reasonably attempt to ensure all prints conform to Client’s specifications. Client acknowledges any such specifications are aspirational in nature, and Company does not agree to conform precisely to them. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY CANNOT AND DOES NOT GUARANTY ANY RESULT IN THE EFFECTIVENESS OF THE SERVICES OR THE RESULTING PRINTS / EDITION. ALL SERVICES CONTEMPLATED UNDER THIS AGREEMENT ARE PROVIDED “AS IS.” COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION FOR MERCHANTABILITY, WORKMANLIKE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY TO MODELS OR SAMPLES.
Loss or Damage. Company shall be responsible for loss or damage to any goods or prints (collectively, “Goods”) made as part of the Services for Client from the date the Goods are completed until the date they are delivered to Client or a place or party the Client directs, as appropriate. Company shall not have any responsibility for damage or loss to the Goods outside of this scope and limitation.
Indemnification. Client agrees to indemnify, defend, and hold Company harmless from and against any and all claims, actions, suits, demands, assessments, or judgments asserted, and any and all losses, liabilities, damages, costs, and expenses, including, without limitation, attorney fees and statutory damages, alleged or incurred in relation to Client’s breach of any warranty or obligation under these terms and conditions, regardless of who asserts the claims, or the bases for them.
The Parties’ Relationship. The use of or access to Company’s website and Services in no way creates a fiduciary, agency, partnership, joint venture, or employment relationship between You and Company. You do not have any authority to enter into contracts on Company’s behalf, or otherwise bind Company to any promises or obligations in any manner. You are individually and solely responsible for any fees, costs, expenses, or taxes incurred in relation to the Services or your undertaking of any conduct in relation to the Services.
Modification of the Services. Company reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree Company shall not be liable to You or to any third-party for any modification, suspension, or discontinuance of Services, unless those Services were ordered and paid for prior to any suspension or discontinuation.
Limitation of Company’s Liability.Company’s liability under this Agreement shall in no event exceed an amount equal to the total amount of the Order or alleged Order related to any dispute between Company and Client.
Force Majeure. Neither Party shall be held responsible for any delay or failure to perform any part of this Agreement if the delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond the Party’s control.
Amendment and Waiver. This Agreement may only be amended, modified, supplemented, or waived by a written document affirmed by both Parties, made by any reasonable means. No action of either Party, other than in writing and agreed to by the Parties, may be construed to waive any provision of this Agreement.
Severability. If any provision or portion of this Agreement is declared void or unenforceable, that section shall be severed, and the Agreement shall otherwise remain in full force and effect.
No Assignment or Delegation. This Agreement is binding on and inures to the benefit of the Parties, and their respective successors and assigns, provided, however, Company may assign or delegate any of its rights or obligations under this Agreement without the prior written consent of Client. Client may not assign or delegate this Agreement or any portion of it.
Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The Boulder County District Court shall have exclusive jurisdiction, including in personam jurisdiction over all matters related to this Agreement, and shall be the exclusive venue for any and all controversies and claims arising out of or relating to this Agreement.
Questions, Concerns and Suggestions. Please Contact Us at firstname.lastname@example.org to report any issues or to pose any questions regarding this Agreement, or at: