Terms and Conditions

USER CONTRACT

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 WEBSITE. First On Colour (here after referred to as FOC) reserves the right to change, modify or amend these terms and conditions without notice. For this reason, we encourage you to review these Terms and Conditions whenever you use this site.

ORDER RESPONSIBILITY

The customer is fully responsible for final proof and layout approval prior to the printing process.  Any jobs that have been approved and/or sent to press cannot be altered or changed due to the nature of the printing process, and no refund will be given.

FOC shall NOT be LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size, Poor Orientation or Alignment. 

PROOFS 

If requested, an online proof will be available for your review after you have uploaded your files.

An online proof is NOT 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 over print issues. They also do not show the color change from RGB or Pantone to CMYK.  Therefore, FOC will not be liable for color variation between the proof and the printed product.  We will try our best to match the colors of the proof and the printed product but please understand that color variation differences are inherent inconsistencies of the printing process and we will not be held responsible for it. It is the customer’s responsibility to determine if the job is color critical.

 The proof should be checked by you against the original file for possible errors in layout, copy, spacing, punctuation or image placement. You, the Customer are fully responsible for all that is contained in the final approved proof, so please make sure you review it thoroughly.

ARTWORK

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and 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. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. 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.

Art Resolution Requirements

All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. FOC will not be responsible for images printed as fuzzy, distorted or pixilated due to low resolution artwork provided by the customer. FOC is also not responsible for any colour shift that occurs in conversions from RGB to CMYK color modes.

Color Accuracy

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 submitting to FOC. FOC is not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting the artwork to FOC, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.  

Ensure FOC is advised of a “colour” critical piece.

Graphic Design Services

By ordering and using our graphic design services, you, the customer, agree that all designs created and revised by employees of FOC are the sole intellectual property of FOC.  Therefore, this artwork cannot be released to the customer unless there is a written agreement with payment provided to compensate FOC for releasing its intellectual property and/or transferring over copyright rights.

ACCOUNT ACCESS and PASSWORDS

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.

PAYMENT

All prices and amounts given by FOC are in Canadian Dollars (CDN), unless otherwise noted. 

If a customer purchases any products or services at FOC, the customer agrees to fully pay for all charges, including taxes and shipping/handling fees, by credit card or with an approved payment method BEFORE we complete an order. We will not start working on a print job until we have received the full payment or payment terms have been agreed upon.

Once a print job has been processed by FOC, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to our prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise agreed upon in advance. 

Refund Policy

All sales are final. Since we customize each order according to your file and exact specifications, no refunds will be given once FOC starts working on your order. Usually, work will begin on your job as soon as we have received your files and payment has been confirmed. In the event that we have not started working on a specific order or it has not been sent to the press yet, we may allow a partial refund subject to the cancellation processing fee referenced in the paragraph above. However, any labour hours (proofs, graphic design, etc.) or administrative fees (credit card fees, etc.) will be subtracted from your refund. We will not accept any refund requests after 7 days from the date you placed the order.

FOC will refund the costs of purchase, tax, shipping and handling; of any product that is solely through the fault of FOC: damaged, mismanaged, or made to incorrect specifications.

Limit of Liability

Customers must notify FOC within 30 business days of the date of delivery or date of pick-up of any defects discovered in the printed product. 100% of the product must be returned to FOC at the customer’s expense within 30 days from the date of delivery or date or pick-up. If we accept the claim as valid, FOC will reprint the order and ship it back at no cost to the customer.  Charges to rush print are non-refundable. 

Pricing / Marketing Promotions and Discounts

Please Note: All prices and specifications are subject to change without notice. No adjustments will be made after an order is placed. Special Offers are not valid for previous purchases before the promotion start date or after the promotion expiration date. Our promotions apply to printing charges only.  Custom quotes, mailing postage, shipping charges, etc. are excluded from our discounted offers. Multiple promotions and discounts cannot be combined.

If we discover a price error, it will be fixed, the customer will be contacted, and if the customer accepts the corrected price it will apply to their order.

SHIPPING

No refund on shipping charges will be allowed on any job once it has shipped.  

If a package is not delivered due to an error made by the customer in submitting the proper shipping address, FOC will reship the package with corrected address and charge an additional non-refundable shipping/handling fee for the shipment.

PICK-UP ORDERS

Pick-up orders will be kept for 30 days from the delivery of the pick-up notification by email. 

If the order has not been picked up from FOC’s facility within 30 days, it will be shipped directly to the customer, and customer will be billed for applicable shipping charges.

GENERAL TERMS AND CONDITIONS

Copyright Notice

You, the User, acknowledge that all content included on the FOC website, including without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations are intellectual property and copyrighted works of FOC. It is strictly prohibited to use, copy, reproduce, republish, upload, post, or transmit any content to or from the FOC Website, in all forms, media and technologies. It is also prohibited to use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of the owner.

Governing Law

FOC is operated within and under the Laws of the Province of Alberta.

Privacy Policy

1. We will obtain information:

   • From the client to ship to where and/or who they specify.

   • From those effected, to contact and deal with customer service issues.

   • As required by law.

   • To respond to claims your personalized products violate the rights of a third party.

   • To protect the rights and properties of First on Colour

2. When we will, and will not share information with others:

   • First on Colour will not, trade, rent, or sell personal or company information without clear and prior consent.

   • Companies and individuals that work with, or on behalf of First on Colour, will receive customer information necessary to complete the order. (e.g. shipping companies receiving addresses and names to deliver)

   • First on Colour will share gathered information with authorities when compelled to by law.

Indemnification

You agree to defend, indemnify and hold harmless FOC, their employees and affiliates against any and all claims, damages, legal fees, costs and expenses arising from or related to your use of the Site or related to customer-submitted content. You also certify that you own rights to or have a license for the content or image(s) being used in your order.

Transfer of Title

Once FOC ships the order, the customer agrees that ownership and responsibility of the printed products transfer to the customer.  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 at the time we transmit the product via email or other electronic communication addressed to the customer. 

Use Restriction

You may only use this Site to make legitimate requests to purchase the products or services offered and shall not use this Site to make any speculative, false or fraudulent requests. You may not use robots or other automated means to access this Site.

You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.