NOTICE.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. BANNERMD RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
LIMITATION OF LIABILITY
In no event shall Computek Software Corporation ("BannerMD.com") or its licensors, suppliers, or vendors, their 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, data or profits, whether or not BannerMD has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from BannerMD or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall BannerMD be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
ORDERING, CUSTOMER SERVICE & SALES SUPPORT HOURS
Our Hours are 8:00 AM- 6:00 PM PST Monday – Friday. Online 24 hours a day excluding server maintenance.
PRESS HOURS
Our Standard press hours are 9:00 AM- 5:00 PM PST Monday – Friday Excluding Holidays.
PICK UP HOURS
Our Pick up Hours are from 3:00 PM-6:00 PM. See Checkout Instructions For Pick Up Locations.
TURNAROUNDS
Same Day Turnaround: All jobs approved and in by 12:00 PM will be ready the same day by 5:00 PM, problem jobs or jobs that require proofs won't be considered as same business day till the proof has been approved and receipt of the proof has been confirmed.
Next Business Day Turnaround: All jobs approved and in by 12:00 PM will be ready the next day by 5:00 PM, problem jobs or jobs that require proofs won't be considered as Next Business Day Turnaround till the proof has been approved.
Standard Turnaround: Orders placed after 12:00 PM with a turnaround will not count as part of the standard turnaround. If the turnaround time is not specified at the time of order your order will be considered 10 day Turnaround and will be charged accordingly, please note that the billing charges won't be reversed.
I understand that BannerMD.com does not guarantee its turnaround dates, as they are estimated dates and turnaround may be lengthened for a variety of reasons.
RETURNS / REFUNDS
Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds are provided.
Customer must notify BannerMD within 1 business days of receiving the order, to notify any defects discovered in the ordered product or the claim will be denied. In order to receive replacement Customer may have to return 100% of the received product (on their own expense) and will have to fill out a RMA request form.
All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason.
CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not BannerMD, are entirely responsible for all Content that you use from BannerMD Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of BannerMD or any third party. BannerMD does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will BannerMD be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You acknowledge that BannerMD does not pre-screen Content, but that BannerMD and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that BannerMD may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BannerMD, its users and the public.
GOVERNING LAW
BannerMD is based in Santa Clara, California. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Santa Clara,. CA. You agree to submit to the jurisdiction of Santa Clara, CA courts and agree that venue in these courts is proper in any such legal action or proceeding.
INDEMNITY
You agree that you shall indemnify and defend Computek Software Corpration, BannerMD, and all parties from whom BannerMD 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 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 you incorporated into Products.
By submitting the document to BannerMD "I agree to the following terms".
I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print as it appears, that I cannot make any changes once my order is placed and that I assume all responsibility for typographical errors.
ORDER APPROVAL
CUSTOMER IS FULLY RESPONSIBLE FOR FINAL PROOF AND LAYOUTAPPROVAL PRIOR TO THE PRINTING PROCESS.
Computek Software and BannerMD are 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, Die Lines, Crop Marks, Transparency, Overprint, Finished Product Size. We DO NOT make any changes on customer files. Minimum charge for graphic design service is $75.00/hr.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format or color separation based on the product ordered. BannerMD is not responsible for any color shift that occurs in conversions from RGB to CMYK or PMS Pantone colors to CMYK color modes.
All artwork, designs and images must be provided in minimum of 300 DPI with a recommended 720 and CMYK color mode. BannerMD is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
COLOR PROOFING & MATCHING
BannerMD 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.
The material being printed on may effect or change the appearance of the printed colors. BannerMD is not liable for the final color appearance on banner materials.
ORDER CANCELLATION
BannerMD will be happy to help you cancel your order prior to being processed. However, orders may be eligible for cancellation upon request via email the Online RMA System. Our
Customer Service Team will inform you of any cancellation charges depending on the stage of the order.
If job is canceled any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. The Minimum Cancelation Fee is $35 or 15%-30% of the total transaction.
Once the order has been processed successfully, No refunds are issued. BannerMD’s “Free Banner Design Services” is a complimentary service with completed purchase but has a minimum value $35 or 50% of the total transaction and is non refundable after your payment is submited.
BannerMD is not responsible for any duplicated orders that are placed on our web site due to the customer mistake.
BANNER DESIGN SERVICES
BannerMD designs services affect the delivery date of your banner. We strive to design your banner with Next Business Day Turnaround service but may take longer for each design and revision based on needed client feedback and content. BannerMD ’“Free Banner Design Services” includes 1 design and 2 revisions each additional revision is billed at $20 per revision and you agree and approve BannerMD charging your credit card on file. BannerMD will strive to meet design delivery schedules. However, unexpected equipment failure, malfunction and or technical problems may delay the design process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
ORDER SHIPPING AND DELIVERY
BannerMD will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall BannerMD be liable for any consequential or damages resulting from any delay in shipment or delivery.
All BannerMD customers agree not to hold BannerMD liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances. BannerMD shipment and delivery dates are calculated based upon estimates provided by our suppliers.
BannerMD will always strive to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
SHIPPING ERRORS & LOST PACKAGES
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done after 30 days from package shipment. BannerMD is not responsible for 3rd party shipping errors, omissions or damaged shipments.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, BannerMD will reship the package with corrected address and charge an additional shipping fee for the shipment.
We reserve the right to refuse service without disclosing a reason.