Terms and Conditions Assumptions:
DynamiCard, Inc. reserves the right to alter price due to changes in specifications, changes in production methods and changes in schedules and/or delivery time. It is understood that all price quotations on estimates contained herein are subject to adjustment by seller to reflect increases in the seller’s cost of materials occurring subsequent to estimate date and prior to the date supplied by customer. Quotes are valid for 30 days. All prices assume print ready art will be supplied unless otherwise agreed upon by seller and client. (Graphic design services are available at an additional cost.) Client must make published (emailed) deadlines in order to guarantee on-time delivery. Freight not always included in total sales amount/cost or the per each price. Shipping & Handling are additional. All items purchased from DynamiCard, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
No Guarantees:
DynamiCard, Inc. cannot guarantee the results of your advertising campaign under any circumstances. This supersedes any oral or written guarantee made by any representative of DynamiCard, Inc. or its contractors or subsidiaries.
Address:
810 Los Vallecitos Blvd
Suite 202
San Marcos CA 92069
Payment:
The fees for DynamiCard, Inc.’s products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. All jobs will be paid in full prior to beginning. Payment must be by company check or electronic wire transfer or a cashier’s check. DynamiCard, Inc. requires prepayment on all orders. DynamiCard, Inc. accepts Purchase Orders from government and educational institutions with prior approval and requires the submission of the PO number at the same time the order is submitted. Any amount due to DynamiCard, Inc., which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $50.
Sales Tax Policy:
DynamiCard, Inc. is required to collect sales tax on purchases shipped to California for product that is taken possession of by the customer. If your order qualifies for sales tax exemption in accordance with California Sales & Use Tax Regulations you must provide DynamiCard, Inc. with a Valid California Resale Certificate. DynamiCard, Inc. requires that resale certificates be provided at the time of order via mail or faxed to (800) 928-7670.
Accuracy/Layout:
You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully. Postal Regulations are subject to change, and you are also 100% responsible for complying with current USPS Postal Regulations. All layouts assembled (typeset) by DynamiCard, Inc. will have dynamicard.com printed in 6pt. font on the backside of the card. DynamiCard, Inc. reserves the right to refuse to print any material that DynamiCard, Inc. determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to meet our requirements. You will not be charged for any services that are performed by DynamiCard, Inc. on any job that is denied for the reasons described in this paragraph.
Design:
Ad design done by DynamiCard is the property of and belongs to DynamiCard unless complete ad design was provided by customer. DynamiCard design includes up to two (2) revisions. Customer will be charged an additional cost of $50 for image/artwork changes and $100 for complete redesign. Customer assumes all responsibility for material and copy submitted to Dynamicard. There is an additional $150 charge to Customer to purchase artwork for personal use.
Color:
Printed matter may be placed on the printing press with other jobs or “gang printed.” DynamiCard, Inc. will reproduce color from submitted transparencies, slides, photos or digital layouts as closely and accurately as possible, but cannot exactly match color and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction is guaranteed to be within a minimum of 85-90% of the original image you submit. DynamiCard, Inc. accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product they represent. You should also note that your computer monitor’s calibration affects the colors displayed on your monitor’s screen. The colors on the printed cards may differ from what you see displayed when viewing your layout via DynamiCard, Inc.’s final approval process. The emailed PDF proof only presents the design layout, text accuracy, image proportion and placement, but not color or density. For reprints, DynamiCard, Inc. strongly suggests that you mail a hard copy of the original order for an accurate color review. Also, if your order is color critical, DynamiCard, Inc. strongly suggests you purchase a hard copy color proof from DynamiCard, Inc. Hard Color Copies are available at an additional charge and will delay the turnaround time.
Quotes are also subject to over/under runs:
Commercial Orders – we will deliver 5% + or – and charge the exact amount shipped. 5% + or – is the accepted industry practice. We do not guarantee zero gap. Form and Label Orders – we will deliver 10% + or – and charge the exact amount shipped. 10% + or – is the accepted practice.
Mailing Services & Mail Delivery:
When utilizing our Mailing Services, DynamiCard, Inc. shall only be liable to rectify errors to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the total amount of fees payable by customer for the work performed. In no case will DynamiCard, Inc. be liable for special, incidental, or consequential damages of any kind. DynamiCard, Inc.’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. DynamiCard, Inc. shall not be liable for USPS performance failures or delivery delays. DynamiCard, Inc. accepts no responsibility for any additional services performed outside of DynamiCard, Inc., including but not limited to additional ink jetting, bindery or mail delivery services. Any remaining customer cards not mailed through DynamiCard, Inc. Mailing Services will be returned via UPS at customer’s expense and shipped to the contact address on file unless otherwise specified by the customer. Postal statements are available for only 90 days after mailing date.
Mailing List(s):
DynamiCard, Inc. agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a customer’s mailing list. A customer’s mailing list(s), while in the possession of DynamiCard, Inc., is the exclusive property of the customer and shall be used only with customer’s instructions. It is customer’s or customer’s list vendor’s responsibility to maintain a duplicate copy of its mailing list. DynamiCard, Inc. assumes no responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while in its possession. Customer’s mailing list(s) will not be sold or offered for use to any other party, and DynamiCard, Inc. will not utilize the list for any other purpose. Customer remains fully responsible for payment of any ordered list in the event that the printing and/or mailing portion of the order is cancelled by customer. For Specialty lists, customer should note that a List owner may request a copy customer’s mail piece and view the desired mail date prior to providing approval of the list rental order. Customer should also note that a List owner reserves the right to refuse a list rental order for any reason they see fit. Change of Address Updates: U.S. Postal Service requires that all first class presorted mailings comply with Move Update. DynamiCard, Inc. assumes no responsibility for failure to do so.
User Opt In:
The Marketing Program allows Users to receive SMS mobile messages and Email Marketing by affirmatively opting into the Program during ordering. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, Email Marketing and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
Production Time & Delivery:
Completion of your job within our quoted Production Time is dependent on receipt of your signed layout and final approval. Please account for additional time for delivery of your order as the number of delivery days is dependent upon the delivery service you select. For DynamiCard, Inc. observed holidays, add one (1) additional day to the Production Time. Expected delivery date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. DynamiCard, Inc. is not liable for damage caused by any service carrier. Carrier claims are limited to $100. DynamiCard, Inc. accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from DynamiCard, Inc’s facility within 30 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates. Customer understands and agrees that the title transfers on the printed matter produced by DynamiCard, Inc. at the time the project pricing is completed, irrespective of when the job is picked up by the client, freight carrier or United States Postal Service.
Proof Choices:
- PDF Proof – Proof will be emailed to you within 1-2 business days. Please note, when looking at a screen proof, the color and resolution may not show exact due to the monitor variance.
- Hard Copy Proof – ($100 including shipping) this proof will be mailed to you within 2 – 3 business days plus Next Day Air shipping.
- Fast Track – By choosing this option you agree to waive the right to a screen or hard copy proof. Your order will be sent directly to production with no further proofing options.
Refunds & Cancellation:
No refunds will be granted once we begin your order. If your order is cancelled per your request, before we have begun any work on it, there will be a $125.00 cancellation charge. This charge is in addition to any proof/shipping fees that have been incurred before cancellation. No partial refunds will be given for work not completed. All refunds, due to overpayment on account are available upon customer request.
Indemnification Agreement:
You agree to indemnify and hold DynamiCard, Inc. and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your card. You acknowledge and understand that
copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by DynamiCard, Inc. DO NOT send any “one-of-a-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork. The liability of DynamiCard, Inc., if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to DynamiCard, Inc. for its products and services. In no event will DynamiCard, Inc. be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever.
Arbitration and Governing Law
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OF BEFORE OR A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM TO THE EXTENT PERMITTED BY LAW.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS AND YOUR PURCHASE OF PRODUCTS OR SERVICES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid.
The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail or we prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you or to us under the standards for fee shifting provided by law.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR DYNAMICARD, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR
AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY TO THE EXTENT PERMITTED BY LAW. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Dynamicard, Inc. may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of its products or services, or infringement of its intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.
IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND THE REMAINING ARBITRATION TERMSWILL BE ENFORCED.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
Ownership & Limited Use:
By placing an order with DynamiCard, Inc., you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with DynamiCard, Inc. and; (ii) are authorizing DynamiCard, Inc. to print such order on your behalf. Any images/graphics, text or other materials supplied to DynamiCard, Inc. by the customer will remain sole property of the customer and the copyright there-under has not been assigned or transferred in any manner to DynamiCard, Inc.. However, any additional materials created by DynamiCard, Inc. in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc.) are and shall remain the sole property of DynamiCard, Inc.. Digital files of a DynamiCard, Inc. assembled layout can be obtained upon customer’s written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party. DynamiCard, Inc. reserves the right to reprint and distribute your finished cards as example of a DynamiCard, Inc. postcard product for any and all promotional purposes. This promotional distribution may include but is not limited to DynamiCard, Inc.’s collateral marketing materials, website, affiliates’ websites, affiliate programs, DynamiCard, Inc. catalogs, catalogs of others, emails, and any other marketing in any medium that DynamiCard, Inc. may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to DynamiCard, Inc. at the following address: 810 Los Vallecitos Blvd Suite 202 San Marcos CA 92069 , or by email to the following address: [email protected]. Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed.
Terms & Conditions of Use:
DynamiCard, Inc. provides its services to you subject to the following Terms and Conditions. If you visit or make purchases at DynamiCard.com or any other web sites (collectively, the “Site”) operated by DynamiCard, Inc. or one of its divisions or subsidiaries (collectively, “DynamiCard, Inc.”), you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site or place orders with our representatives or otherwise.
