TERMS & CONDITIONS

These Terms and Conditions cover the use of the Smartlevels.com website (“our Site”). By accessing any page of our Site, you understand and agree to be bound by these terms and conditions.

ORDER TERMS & CONDITIONS

Payment

All prices set forth on our Site and stated herein are based on current costs and subject to change without notice. By submitting an order on our Site to purchase print products, mailing services, typesetting services, or other services, the customer agrees that all charges, taxes, and shipping/handling fees will automatically be charged to the credit card or paid by the customer with an approved payment method.

Refund Policy

All sales are final. Orders are non-refundable once SLM begins work on your order, which means SLM has received the necessary materials (i.e. digital files and payment) and started work on your job (i.e. your job is in production).

Please note that Typesetting and Design services are non-refundable. Upon cancellation of an order, the customer is responsible for the full or partial cost of these services, depending on the time allocated to the project by our Design department.

File Submissions

The customer is 100% responsible for reviewing their files and correcting any issues prior to placing the order. 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 submission. Special requests must be submitted in writing by the customer and approved by SLM prior to processing the order. Smart Levels is not liable for errors caused by any of the following reasons:

• Spelling, punctuation, or grammatical errors made by the customer
• Inferior quality or low-resolution of uploaded images
• Artwork files that are not created following our specifications
• Design errors or color selection errors introduced in the artwork file creation process submitted by the customer
• Transparency issues
• Damaged or outlined fonts
• Variances in color from the conversion of Pantone or RGB colors to CMYK
• Errors in user-selected options such as product type, size, finishing options, or quantity
• Incorrect dimensions, image orientation, or file submission in accordance with our artwork guidelines
• Cracking on folds
• Cutting variances
• Color match guarantee without a hardcopy proof approval
• Delivery delays due to improperly prepared files
• Duplicate orders submitted by the customer
• Incorrect file layout for folding, scoring, hole drilling, die-cutting, or other custom services

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: 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. 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.

Proofs

If requested, an online proof will be available for your review after we have received your files for print. Actual time will vary depending on our current workload. Jobs with proof requests will not be sent to press without your approval unless the proof approval is explicitly waived. It is the User's responsibility to log in to their account and check on their proof. We are not liable for delays in the order caused by User's non-approval of the proof.

An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and overprint issues. Nor do they show color change from RGB or Pantone to CMYK.

The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. The customer is fully responsible for all that is contained in the final approved proof.

SLM offers hard copy proofs which show a reasonable likeness to the final printed pieces. Such proofs are recommended for color-critical art and must be requested by the customer when the print order is made. Hard copy proofs are printed on a substrate different from the actual paper stock and while its main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not recommend nor are we liable for color accuracy printed on uncoated or laminated paper stocks.

Proofs ordered before 2 P.M. PT will be available for same day approval. Proofs ordered after 2 P.M. PT will be available for approval within 24 hours. 

Color Accuracy

We will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth). Due to inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed and may vary from 10-15%. By placing an order with Smart Levels, you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and final printing piece. Under no circumstances, will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on email proofs that you approve. Email proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. 

Turnaround

Orders with a turnaround time that is greater than or equal to 1 business day must be paid, print-ready files received and proofs approved by 4 P.M. PT (Pacific Time) for printing turnaround time to begin the next business day. SLM is not liable for any delays in production or turnaround times resulting from print files or proofs that are submitted or approved after 4 P.M. PT.

Business days are from Monday-Friday and does not include weekend or holidays. Orders that are submitted on Saturday, Sunday, and holidays will process the next business day. Smart Levels Media is not responsible for any delays or damages caused by delivery carriers. Orders may be delayed due to unforeseen circumstances such as equipment failures, power outages, etc. Therefore, turnaround times are not guaranteed. 

Proofs ordered before 2 P.M. PT will be available for same day approval. Proofs ordered after 2 P.M. PT will be available for approval within 24 hours. 

Large Format Accessories - Limited Warranty

Smart Levels Media warrants that SLM products will be free from defects in material and workmanship under normal use for 30 days from the date of purchase. SLM shall NOT be held liable or assume any responsibility for products damaged by improper handling, misuse or improper installation. This warranty is limited to the repair or replacement of the defective unit. Returned units are tested and repaired or replaced from our stock of new units. Any units that are determined to be “No Trouble Found” (NTF) shall be returned. The customer is responsible for all shipping/insurance costs to and from SLM. Returns to SLM will be completed within 2-3 working days of receipt of the product by SLM. Smart Levels Media shall not be responsible for any incidental or consequential damages. Smart Levels Medias’ responsibility is limited to the product itself. Smart Levels Media takes no responsibility for any direct or indirect cost, losses or damages however incurred. Smart Levels Media reserves the right to make changes or improvements in design or manufacturing without assuming any obligation to change or improve products previously manufactured. The above warranties are given by Smart Levels Media and are exclusive to SLM products. There are no other warranties other than set forth herein by SLM. Smart Levels Media does not make nor does it give the authority to any agent or representative to make any other warranties or implied warranties, and expressly excludes SLM from liability related to any implied warranties.

Complaints

All complaints must be registered within 7 calendar days of receiving the order. Should the job contain manufacturing defects or errors, we will rerun and/or replace at no charge. We maintain the right to judge what a manufacturing defect or error is.

Cut / Size Accuracy

Due to limitations with the Gang-Run printing process, the accuracy of the final cut size is not guaranteed. We accept no responsibility for size variations below or above 1/16" to 1/8”. Smart Levels Media’s Gang-Run process includes a bleed area for some, but not all offset products. Some orders are printed to size and cut in by 1/16” to avoid excess from the order next to it. Under no circumstances will a reprint be honored for size variations that have occurred during the printing process within these specifications. If a job needs to be cut to a specific size, please order from our custom size section here www.smartlevels.com/FlyersandPostcards/CustomSize. By placing an order with Smart Levels Media, you agree to this limitation.

Over and Under Print

Due to the gang run method that Smart Levels Media uses, we cannot guarantee that every order will be the exact number of items which was ordered. Smart Levels Media can only guarantee that it will come within plus or minus 10% of the number of items ordered. Although rare, in the event of an underrun, we will either refund or issue Store Credit for the amount of pieces we were "short" if over 10% of the order quantity. If customer requires guaranteed exact quantities, client must notify their Account Manager before placing the order. 

Unfinished Abandoned Orders

Unfinished orders where we cannot get a hold of customers after 2 weeks (Approximately 10 business days), will be canceled. Unfinished abandoned orders are non-refundable. Client will be contacted via phone call and email multiple times. SLM will then give the client a final notice phone call and email on the 10th business day.

Finished Abandoned Orders

Due to limited warehouse space, it is very difficult for SLM to keep the inventory of abandoned jobs. Finished orders that have been in Will Call for 4 weeks from the completion date (Approximately 30 days), will be recycled (discarded). Our accounting department will close the order. There will be no refunds on any orders after the order has been recycled (discarded). 2 weeks from the Will Call date (Approximately 14 days), the client will be notified to make arrangements for shipping or pick up via email and phone for 1 week (Approximately 7 days). SLM will then give the client a final notice email and call during the final week of the 30th business day to make proper arrangements. If no arrangements have been made, we will proceed with recycling the order. 

Sales Tax

All California, Florida, Idaho, Kentucky, Michigan, New Jersey, Nevada, New York, Ohio, Oklahoma, South Dakota, Utah, Washington, and Wisconsin orders are subject to sales tax. To qualify for tax exemption, please contact our Accounting Department to request a Resale Certificate for completion. The customer is responsible for completing the resale certificate with all the pertinent information including a detailed list of items that will be resold. 

Releasing Artwork

Customer supplied print ready files will be archived for 30 days from the invoice date. Print files must be requested within 30 days of invoice date, after 30 days, files will be removed from our server and archived. We reserve the right to delete files of inactive customers. We will NOT release layered files, stock images, templates, or fonts used for a print project. All materials we create in producing your job are the property of Smart Levels Media.

We may also from time to time include customers' printed pieces as samples of our products on our website or in our sample kit. You agree to grant us permission to display or mail samples of your piece(s) unless you specifically request that we do not include them in our samples. 

GENERAL TERMS AND CONDITIONS

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMART LEVELS MEDIA —INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES")—BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO SMART LEVELS MEDIA FOR THE REQUEST.

Indemnification

You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms & Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.

Third Parties

If you use this Site 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. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.

Copyright Notice

You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted by SLM and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, 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.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Privacy Policy and Credit Card Information

You confirm that you have read, understood and agree to the SLM Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by SLM, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the SLM Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by SLM in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

No information we collect for order processing or from inquiries is shared with any other company or website. Your information is only used to contact you when necessary, or to provide news, special offers, or invitations to participate in customer surveys or testimonials. 

Credit Card information is only used to bill you for products and services ordered. Our secure shopping cart uses the latest secure server technology. Your order is submitted and retrieved with a secure connection to our server and remains secure at all times. 

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, 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 Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired.

Amendments to Terms & Conditions

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms & Conditions at any time. You agree that we may modify the Terms & Conditions and such modifications shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms & Conditions except and to the extent prohibited by applicable state or federal law.

Changes to the Site

We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that Smart Levels Media will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.

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 state and federal courts located in Orange County, California for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site or its services.

Smart Levels Mailing and Printing Inc. also known as (“smartlevels.com", “Smart Levels Media”, “SLM”, "we," "us," "our")