Terms of Service
Customer acknowledgement:
I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I may not be able to make any changes once my order is placed and that I assume all responsibility for typographical errors. By submitting my order to Hi 5 Canada I agree to the Hi 5 Canada Terms and Conditions set out below.
Hi 5 Canada Terms and Conditions:
IMPORTANT NOTICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. HI 5 CANADA RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
ORDER APPROVAL
Customer is fully responsible for final proof and layout approval prior to the printing process. Hi 5 Canada is NOT LIABLE for errors in a final product caused by any of the following reasons: Language and grammar, graphics, bleeds, damaged fonts, overprinting, form fields, files not built to template or page order.
COPYRIGHT
All material used/found in this Website or used in production of your order is subject to Copyright. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Hi 5 Canada web site and/or its subsidiaries (referred to herein as Hi 5 Canada) or the copyrighted property of parties from whom Hi 5 Canada has licensed such property. The Customer (sometimes referred to for convenience as “you”) may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Hi 5 Canada Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. Hi 5 Canada policy also states that you cannot use explicit language or pornography on printed materials and merchandise.
CUSTOMER CONTENT
All information, data, text, photographs, graphics, messages or other materials supplied by the customer (“Content”) are the sole responsibility of the customer. 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 Canada or the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of Canada or 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 Hi 5 Canada or any third party. Hi 5 Canada does not control the Content uploaded by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Hi 5 Canada 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 agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You acknowledge that Hi 5 Canada does not pre-screen Content, but that Hi 5 Canada 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 Hi 5 Canada 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 Hi 5 Canada, its users and the public.
GOVERNING LAW
Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Ontario. You agree to submit to the jurisdiction of Ontario courts and agree that venue in these courts is proper in any such legal action or proceeding.
LIMITATION OF LIABILITY
In no event shall Hi 5 Canada 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 Hi 5 Canada 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 Hi 5 Canada or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Hi 5 Canada 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. Hi 5 Canada reserves the right to refuse service without disclosing a reason.
INDEMNITY
You agree that you shall indemnify and defend Hi 5 Canada and all parties from whom Hi 5 Canada 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.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format. Hi 5 Canada is not responsible for any color shift that occurs in conversions from RGB or spot colors to CMYK color modes. All artwork, designs and images must be provided in minimum of 150 (large format printing) to 300 (offset printing) DPI and CMYK color mode. Hi 5 Canada is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
COLOR PROOFING AND MATCHING
Hi 5 Canada 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. While Hi 5 Canada will try its best to match the gradient density of each color, Hi 5 Canada is not liable for the final appearance of a color. Stock and coating, especially uncoated stock, may effect or change the appearance of the printed colors. Hi 5 Canada is not liable for the final color appearance of its products.
Because of differences in equipment, paper and inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. Hi 5 Canada will make every effort to produce a reasonable representation based on materials supplied by the customer; however, Hi 5 Canada does not guarantee color matching. Unfortunately time to time there is a misrepresentation of color due to soft proofing because of calibration of one monitor to another.
TRIMMING AND FOLDING
While Hi 5 Canada will try its best to trim and fold each job accurately as per the order specs and artwork, Hi 5 Canada is not liable for up to 0.0625″ of trimming and folding variance on each side. The design of the artwork should not be dependent on exact trimming or fold dimensions.
ORDER CANCELLATION
Orders are eligible for cancellation upon request via email until the commencement of imposition, subject to applicable cancellation charges. A store credit or credit card refund will be issued with a value equal to the cancelled job(s). If a job is cancelled charges for any labor hours (proof, file adjustment, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your credit. In cases where a job is already imposed but cancellation may still be possible, a minimum cancellation charge of $25 per job is required. Once the order has been placed successfully, No Refunds are issued for file adjustment services.
RETURNS AND 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 reprint the order or issue a credit or refund accordingly. Customer must notify Hi 5 Canada within 10 business days of receiving order to notify us of any defects discovered in the ordered product failing which Customer is deemed satisfied with the product. We may occasionally request that we pick up the printed material prior to issuing the reprint, credit, or refund.
ORDER SHIPPING AND DELIVERY
Please note that all turnaround times are estimates. While Hi 5 Canada will use reasonable efforts to prevent delay of delivery schedules, in no case shall Hi 5 Canada be liable for any consequential or damages resulting from any delay in shipment or delivery. Orders are F.O.B. the Hi 5 Canada Plant, and customer shall have recourse only to its selected courier for any shipping issues. Hi 5 Canada shall not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances. 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.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is returned to Hi 5 Canada due to an error made by the customer in submitting the proper shipping address,Hi 5 Canada will reship the package with corrected address and charge an additional shipping fee for the shipment.
LINKS TO THIRD PARTY SITES:
The links throughout this site may let you leave Hi 5 Canada’s site. The linked sites are not under the control of Hi 5 Canada and Hi 5 Canada is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Hi 5 Canada is not responsible for webcasting or any other form of transmission received from any linked site. Hi 5 Canada is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hi 5 Canada of the site.
OVERRUNS AND UNDERRUNS
Overruns and underruns not to exceed 5% of quantity ordered shall constitute an acceptable delivery.
INDEMNIFICATION
The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless Hi 5 Canada from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against Hi 5 Canada on grounds that printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any persons right to privacy or other personal right, except to the extent that Hi 5 Canada contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding, that may be brought against Hi 5 Canada provided that Hi 5 Canada shall promptly notify the customer with respect thereto.
PAYMENT INFORMATION
Hi 5 Canada does not record, keep, or hold any credit card information on our servers, Authorize.net, Moneris and Paypal are responsible for that. Hi 5 Canada only record and hold information on jobs ordered: docket number, qty, paper type finishing, file and shipping info.
NON SOLICITATION
Customer and/or any of its affiliates shall not, without prior written consent, directly or indirectly solicit any employee, contractor or consultant of Hi 5 Canada Printing and/or any of its affiliates for a period of two (2) years after last order submitted to Hi 5 Canada Printing.