Terms & Conditions

Terms & Conditions, And Terms Of Use

Please read these carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. INKGILITY reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

Copyrighted Materials For Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of INKGILITY INC., and/or its subsidiaries (referred to herein as “INKGILITY”) or the copyrighted property of parties from whom INKGILITY has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. INKGILITY reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or INKGILITY remain the property of INKGILITY and its licensors. The design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. INKGILITY reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other INKGILITY customers may use the design tools to create designs that have similar or identical combinations of these elements and INKGILITY does not guarantee that your design will not have similarities to designs designed and used by other parties. INKGILITY provides no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the design is legally available for your use and does not infringe the rights of another party.

Use Of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services (referred to herein as “Products”) solely through INKGILITY. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from INKGILITY does not entitle you to use any portion of Content apart from the finished Products as they are supplied by INKGILITY. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.

INKGILITY may terminate its service to customers found to be using INKGILITY to engage in undesirable activities. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize INKGILITY to produce the Products on your behalf. You grant INKGILITY the right to copy, modify, create derivative works and vectorize any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit INKGILITY to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.

You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. INKGILITY reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send. 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.

Transfer Of Title

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email, our project management system, or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from our website, or another website given to the customer.

Site Indemnification

You agree that you shall indemnify and defend INKGILITY and all parties from whom INKGILITY 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 that was not part of the standard Site Content.

Disclaimer Of Warranty

The site and its content are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. References and links to products or services of independent companies may appear on the site. These references and links are provided “as is” without warranty of any kind, either expressed or implied.

Limitation Of Liability

In no event shall INKGILITY 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 INKGILITY has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services that you order from INKGILITY or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall INKGILITY be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of this site or its content.

Order Approval

Customer is fully responsible for final proof and layout approval prior to the printing process. INKGILITY is 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, Finished Product Size

Indemnity

By submitting your print ready files to INKGILITY you 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 EXACTLY as it appears here, that I cannot make any changes once my order is placed, and that I assume all responsibility for typographical errors.

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 INKGILITY, are entirely responsible for all Content that you use from our 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 INKGILITY or any third party. INKGILITY does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will INKGILITY 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. Your Content may be used in our advertising or as a reference sample.

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 INKGILITY does not pre-screen Content, but that INKGILITY 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 INKGILITY 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 INKGILITY, its users and the public.

Access To Content

We advise that you have a copy of all files and content uploaded to INKGILITY, as we will not be able to send back any of your files/content at any given time. Upon completion of your order, content developed for it may be removed/deleted at any time without notice. Content and Proofs created by INKGILITY ‘s Design Services will remain available in perpetuity, barring catastrophic data loss. INKGILITY maintains no guarantee that Content uploaded into our system or provided by us as a background or clip art asset will be available in the future.

Use Of Content

You understand that all designs created for you by INKGILITY containing any information, data, text, photographs, graphics, messages may be featured on our website or any of our social media pages for promotional purposes. If you do not want us to feature any of your projects, please inform us by sending an email to sales@inkgility.com

Customer Submitted Artwork Or Graphics

All artwork or designs and images for print must be provided in CMYK format. INKGILITY is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. INKGILITY is not responsible for images printed as fuzzy, distorted or pixelated due to customer-provided artwork.

Color Proofing, Matching & Printing

INKGILITY is not liable for color matching or ink density on screen proofs approved by the customer. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. INKGILITY will try it’s best to match the gradient density of each color. INKGILITY is not liable for the final appearance of a color.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to INKGILITY in connection with the operation or content of this Site shall be provided by the submitter and received by INKGILITY on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of INKGILITY. By submitting any such information to INKGILITY, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that INKGILITY shall be free to use such information on an unrestricted basis.

Governing Law

The party you are contracting with and the seller of the products and services offered and sold on this Site is INKGILITY INC., a company organized under the laws of The USA with its headquarters in New York, USA.

All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of The United States of America, including matters relating to your access to, or use, of this Site.

Any legal action or proceeding relating to, or arising from, your access to or use of this Site shall be instituted in The United States of America. You agree to submit to the jurisdiction of courts sitting in The United States of America and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving INKGILITY that a court sitting in The United States of America is an inconvenient forum for such legal action or proceeding.

PURCHASE POLICY

Ready to read the fine print? Please do so to avoid misunderstandings.

When ordering from INKGILITY, you always have an hour to change your mind. Please email sales@inkgility.com, or between the hours of 10:00 am and 7:00 pm EST (Mon-Fri), call +1 (404) 719-5966.

Why One Hour? Because, we typically start expending our resources towards all projects an hour after the order has been placed.

A cancellation is only valid when an email has been sent to you confirming that your order has been cancelled, after which a full refund will be provided.

After an hour of order placement, however, restrictions apply.

Next Day Print Orders:

On printed products, whether business cards, brochures, or other collateral material, a 50% refund (plus full shipping charges) may be granted if requested prior to the first artwork proof, and a 25% refund may be granted if requested prior to the second proof. After the second proof, no refund is available, and there are no exceptions to this policy.

NEXT DAY PRINT ORDERS:

All next day print orders require that you upload print-ready files according to the specifications posted under “Upload Specs & Artwork Templates” which you’ll find on the left side of our order page. You can also request the artwork template via email, if you can’t locate it.

Orders must be placed before 9am (US Eastern Time) on a business day to be delivered the next business day. If a next day order is placed on a Saturday, or Sunday, the order will be delivered on Tuesday, ceteris paribus.- provided the delivery day doesn’t fall on a public holiday.

Assuming your print files are suitable, in the event that we are unable to fulfill a next-day delivery, your order will be delivered within 2 to 3 business days, and you will be issued a partial refund depending on the quantity ordered accordingly:

25- $10
50- $15
100- $20
250- $25
500- $30

If you provide inadequate files, we will return the file for you to correct before resubmitting, or you can direct us to make the necessary correction for which you’ll pay $49.

If you have submitted inadequate files which have caused delays, thus, preventing INKGILITY from fulfilling your order for next-day delivery, you will not be entitled to a partial refund. Your order will be delivered within 2-3 business days, starting from the next business day after which the print files have been fixed.

All next day print orders go straight to production (a proof will not be sent), and you will be liable for any errors in printing which are as a result of the artwork submitted.

Next Day Orders are only available in The US & Canada. We do not ship to PO Boxes.

Free Print Orders:

All free print orders require that you upload print-ready files according to the specifications posted under “Upload Specs & Artwork Templates” which you’ll find on the left side of our order page. You can also request the artwork template if you can’t locate it.

If you provide inadequate files, we will return the file for you to correct before resubmitting, or you can direct us to make the necessary correction for which you’ll pay $49.

All free print orders go straight to production (a proof will not be sent), and the customer will be liable for any errors in printing which are as a result of the artwork submitted.

Design, Or Website Projects:

You may cancel within one hour of order placement for a full refund. One hour after order placement, there are no refunds for any project, and there are no exceptions to this policy.

You have two free revisions on any project, with additional revisions available for a fee, the amount of which depends on the project; typically, $25 for print designs, $49 for logos, and $99 for websites.

Design projects are complete once a final proof has been approved. No subsequent revisions are available, even if your full allotment of revisions were not previously exercised.

Reprint Policy:

If you receive a printed product with which you are dissatisfied, please email photo(s) or scan(s) of the product to sales@inkgility.com, pointing out what you consider deficient. In some cases, you may be asked to return the entire shipment of product, but do not do so until directed.

Whatever your disappointment, we are committed to doing all we can to satisfy your concerns. Any error in production, or something different from the approved proof, will be reprinted-no questions asked. We cannot, however, be responsible for customer errors that come about by ignoring the warnings sent out with all artwork proofs, or the customer’s inability to visualize the final product.

Examples of such warnings are: Cutting tolerance for designs with borders, scratches & color opacity on clear & frosted plastic prints, etc. Please refer to your Artwork proof to see other warnings.

Shipping:

INKGILITY’S responsibility for your product ends when your order has been handed over to the shipping carrier.

If your order is returned due to being undeliverable, reshipment will require a fee that is 110% of the initial shipping charge.

If you no longer want the item, we will charge you a $15 UPS fee per package.

Items damaged in shipping should be addressed with the shipping carrier.

There is a $20 Address Correction surcharge fee imposed by the shipping carriers, which will be the responsibility of the customer, and will be automatically billed to the credit card on file. Please ensure you provide INKGILITY with an accurate shipping address.

All orders must include a phone number to call in case there is a problem with delivery.

A customer who wants to provide a shipping label for an international shipment must email a print-ready label that can be applied to the shipment.

Shipments within the United States or to Canada are not eligible for customer-supplied shipping labels.

We do not ship to P.O Boxes.

Tracking Numbers:

Due to the fact that INKGILITY creates its products – as opposed to pulling ready-to-ship items from a shelf – shipment tracking numbers are not available until production is finished. This is why tracking numbers are not routinely provided. Any customer may obtain a tracking number, however, by emailing sales@inkgility.com at least 24 hours prior to completion of production.

How long would it take for me to receive my order?

PRINTS: Please refer to the detailed description section of your invoice for your Estimated Delivery Time Frame (Production Time + Shipping Time).

*The production countdown starts on the next business day after the design proof approval, and the shipping countdown starts on the next business day after production has been completed. Allow up to 48-72 business hours to receive your first artwork proof after placing an order, and allow up to an additional 48 business hours for each revision.

LOGO DESIGNS:

1-3 business days on Logo Templates.
3-6 business days on the $199 Package.
6-8 business days on the $269 Package.
8-10 Business Days on the $349 Package.
10-12 Business Days on the $499 Package.

*Allow 2-3 Business Days for each revision.

GRAPHIC DESIGNS:

5-7 Business Days
*Allow 2-3 Business Days for each revision.

WEBSITES:

Coming Soon Page – 3-5 Business Days
Blogs- 5-7 Business Days
Web Components- 5-7 Business Days
Landing Pages- 7-10 Business Days
One Page Websites- 8-12 Business Days
Personal Websites- 9-12 Business Days
Company Websites- 10-15 Business Days
eCommerce Websites- 10-15 Business Days
Forums- 12-15 Business Days
Learning Management Systems- 15-17 Business Days
Multi Vendor Marketplaces- 16-18 Business Days
Specialty Websites- 25+ Business Days
*Allow 3-5 Business Days for each revision.

Customs, Duties And Taxes For International Orders

Orders that are shipped to countries outside of the U.S. may be subject to customs duties and fees levied by the destination country (“Import Fees”). You may be subject to such Import Fees, which are levied once a shipment reaches your country. You are responsible for all additional charges for customs clearance. Customs policies vary widely from country to country. INKGILITY does not have control over these fees, nor can we predict the exact cost of these fees. We are not responsible for informing you of the specific fees that will apply; it is your responsibility as the importer and the customer to check what your country’s requirements are for all customs fees, before placing your order. You are responsible for contacting your local customs office for further information. Please be advised that when customs clearance procedures are required, it can cause delays beyond our original delivery estimates.