Help Center: Legal Info
1. Quotations/Estimates ~ A quotation not accepted within 30 days may be changed.2. Orders ~ Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, act of God, and other causes beyond the provider's control. Canceled orders require compensation for incurred costs and related obligations.
3. Experimental Work ~ Experimental or preliminary work performed at the customer's request will be charged to the customer at the provider's current rates. This work may not be used without the provider's written consent.
4. Creative Work ~ Sketches, copy, dummies, and all other creative work developed or furnished by the provider are the provider's exclusive property. The provider must give written approval for all use of this work and for any derivation of ideas from it.
5. Accuracy of Specifications ~ Quotations are based on the accuracy of the specifications provided. The provider can requote a job at the time of submission if copy, film, tapes, disks, or other input materials do not conform to the information on which the original quotation was based.
6. Venue ~ In the event of suit regarding this contract, then venue and jurisdiction there fore shall be in either the Superior of Municipal Court, as appropriate, of the county of (insert name), (State). The parties agree and stipulate that the essential terms of this contract are to be performed in said County.
7. Electronic Manuscripts/Images ~ It is the customer's responsibility to maintain a copy of the original file. The provider is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by the provider, no claims or promises are made about the provider's ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.
8. Alterations/Corrections ~ Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider's current rates.
9. Prepress Proofs ~ The provider will submit prepress proofs along with original copy for the customer's review and approval. Corrections will be returned to the provider on a "master set" marked "O.K.," "O.K. With Corrections" or "Revised Proof Required" and signed by the customer. Until the master set is received, no additional work will be performed. The provider will not be responsible for undetected production errors if: Proofs are not required by the customer The work is printed per the customer's OK Requests for changes are communicated verbally.
10. Press Proofs ~ Press proofs will not be furnished unless they have been required in writing in the provider's quotation. A press sheet can be submitted for the customer's approval as long as the customer is present at the press during makeready. Any press time lost or alterations/corrections made because of the customer's delay or change of mind will be charged at the provider's current rates.
11. Color Proofing ~ Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When a variation of this kind occurs, it will be considered acceptable performance.
12. Overruns/Underruns ~ Overruns or underruns will not exceed 10 percent of the quantity ordered. The provider will bill for the actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
13. Customer's Property ~ The provider will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider's possession. The provider's liability for such property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing and in the premium is paid to the provider.
14. Delivery ~ Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. the provider's platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the provider or from the customer's supplier to the provider are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at the shipping point or upon mailing of invoices for the finished work or a portion thereof, whichever occurs first.
15. Production Schedules ~ Production schedules will be established and followed by both the customer and the provider. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the provider. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
16. Customer-Furnished Materials ~ Materials furnished by customers or their suppliers are verified by delivery tickets. The provider bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied paper must be delivered according to specifications furnished by the provider. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by the provider without alteration or repair. Items not meeting this requirement will be repaired by the customer or by the provider at the provider's current rates.
17. Outside Purchases ~ Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
18. Terms/Claims/Liens ~ Payment is net cash 30 calendar days from date of invoice. Claims for defects, damages, or shortages must be made by the customer in writing no later than 10 calendar days after delivery. If no such claim is made, the provider and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider's performance has fully satisfied all terms, conditions, and specifications. The Provider's Liability will be limited to the quoted selling price of defective goods without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, the provider has the right to hold and place a lien on all customer property in the provider's possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
19. Liability ~ (1) Disclaimer of Express Warranties. The provider warrants that the work is as described in the purchase order. the customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed. (2) Disclaimer of Implied Warranties. The Provider warrants only that the work will conform to the description contained in the purchase order. The provider's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in the dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages.
20. Indemnification ~ The customer agrees to protect the provider from economic loss and any other harmful consequences that might arise in connection with the work. This means the customer will hold the provider harmless and save, indemnify, and otherwise defend the provider against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence. (1) Copyrights. ~ The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold the provider harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided. (2) Personal or Economic Rights. ~ The customer also warrants that the work does not contain anything that is libelous or scandalous or anything that threatens anyone's right to privacy or other personal or economic rights. The customer will, at the customer's sole expense, promptly and thoroughly defend the provider in all legal actions on these grounds as long as the provider: Promptly notifies the customer of legal action. Gives the customer reasonable time to undertake and conduct a defense. The provider reserves the right to use its sole discretion in refusing to print anything the provider deems libelous, scandalous, improper, or infringing on copyright law.
21. Storage ~ The provider will retain intermediate materials used until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period at an additional charge. The provider is not liable for any loss or damage to stored material beyond what is recoverable by the provider's fire and extended insurance coverage.
22. Taxes ~ All taxes and assessments levied by any governmental authority are the responsibility of the customer. All amounts due for taxes and assessments will be added to the customer's invoice. No tax exemption will be granted unless the customer's "Exemption Certificate" (or other official proof of exemption) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority or immediately reimburse the provider for any additional taxes paid.
23. Telecommunications ~ Unless otherwise agreed, the customer will pay for all transmission charges. The provider is not responsible for any errors, omissions, or extra costs resulting from faults in transmission. The Trade Customs of the printing industry of North America were originally formally promulgated at the Annual Convention of the United Typothetae of America in 1922. They have been updated and repromulgated five times since then — most recently in 2003 by Printing Industries of America, National Association of Printers and Lithographers and Graphic Arts Technical Foundation and renamed to 'Suggested Terms & Conditions of Sale'.
24. Complaints — All complaints must be registered with in 24 hours of receipt of job.
25. Proofs — We will reproduce color from files submitted, or digital layouts as closely 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 85-90% of the original image you submitted. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent.
26. Indemnification — The customer will indemnify and hold harmless the printer, from any 1.and all loss, cost expense, and damages on any and all manner of claims, demands, actions and proceeding that may be instituted against the printer on the grounds alleging that said printing violates any copyright or any proprietary right of any person. You certify that you own the rights to use the image(s) being reproduced on your order.
COMMITMENT TO PRIVACY
The DigiLink, (DL), server uses an extended log file format which captures: date and time of visit, referring address (location from which a visitor comes to the Site), type of Internet browser, and visitor's IP address. (Each computer that connects to the Internet is assigned a unique number, an IP address, for identification purposes). The log file does not capture a visitor's email address.
Personal and Business Information
Certain areas of the Site ask for personal information (such as your name, address, email address and telephone number) and business information (such as business name, address and telephone number). DL only collects personal and business information that you voluntarily provide to us, such as when you make a purchase or request a quote. You have the ability to access and change the personal and business information which you have provided to DL by use of the appropriate features on the Site.
The Site is not intended for use by children. DL will not knowingly collect any personal information from visitors to the Site who are under the age of 13.
When you make a purchase on the Site, we request that you provide financial information, such as account or credit card numbers. By making a purchase on the Site, you consent to our providing your financial information to our services providers and such third parties as we determine is necessary to process your transaction, such as credit card companies and banking institutions used to process the transaction.
Use of Information
Our policy is to not give, sell or otherwise distribute the information collected through this Site to third parties outside of DigiLink, Inc. and its subsidiaries (unless you allow us to or required by law); provided, however, in some cases we may use suppliers to assist us in collecting, using or otherwise processing for our benefit the information obtained through this site. For example, DL uses an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. Our practice is to require our suppliers and vendors to conduct themselves in a manner consistent with this policy and our requirements.
We will use your financial information to bill you for products and services or otherwise process your transactions.
If DL is sold to or merges with another company, or if we declare bankruptcy, some or all of the information collected from you may be transferred to a third party as a result of the transfer of assets. DL may also disclose your information when we determine it is necessary to comply with applicable laws or to protect our interests and safety and those of other visitors to the Site.
Information From Third Parties
If necessary, DL obtains consumer information from third-party providers in order to improve the accuracy of our customer database and to increase our understanding of our customers or to identify potential customers. For example, we get updated addresses from the National Change of Address (NCOA) service to assist us in having the correct addresses for our customers.
The Site may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware of this fact when they leave our website and to read the privacy statements of each and every website that they visit which collects personally-identifiable information. This privacy statement applies solely to information collected on the Site.
DL has security measures in place to protect customer information. DL takes reasonable precautions to protect against the loss, misuse and unauthorized access of your personal information under our control. Because the security of your personal information is a high priority, we have taken numerous steps to ensure that it is processed confidentially, accurately and securely. The Site uses encryption technology, such as Secure Socket Layer (SSL) technology, which is supported by the vast majority of modern Internet browsers. SSL technology represents the highest level of security available on the Internet, automatically encrypting information traveling over the Internet, verifying the identity of the transacting servers through certificates and digital signatures, and confirming that the integrity of the message content is maintained throughout its transmission. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while UPrinting.com is committed to protecting your information, we cannot ensure or warrant the security of any information you transmit to us.
How do I contact DigiLink?
Our postal address is:DigiLink, Inc.
840 South Pickett St
Alexandria VA 22304
1-888-806-3453 (Toll Free)
Effective Date: September 15, 2012
PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.
Effective Date: August 15, 2012
Acceptance of Terms
DigiLink, Inc. ("DigiLink, Inc.") and its suppliers and designees provide this site (www.digilink-inc.com) and the site-related services, (collectively, the "Site") subject to your compliance with the terms and conditions set forth below (the "Agreement"). By using the Site, you are acknowledging that you agree to be bound by all of the terms and conditions as stated.
Changes to the Site
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
To submit orders you must register with our Site. In doing so, you represent and warrant that you are at least 13 years of age and the information contained therein is truthful and accurate. Your willful provision of inaccurate or unreliable information shall constitute a material breach of this Agreement and be a basis for termination. During the registration process, you will specify your email address and a password (your "Login Credentials"). You are solely responsible in all respects for all use of and for protecting the confidentiality of your Login Credentials. You agree to notify DigiLink, Inc. immediately of any unauthorized use of your Login Credentials and any other suspected breach of security regarding the Site. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused. DigiLink, Inc. has no duty or obligation to verify the identity of a customer and may assume, without independent investigation, that any person who logs on to this Site through your password does so with your consent and approval.
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
If you violate any of the terms in this Agreement, DigiLink, Inc. may suspend or terminate your use of the Site.
I f requested, an online proof will be available for your review after we have received your file upload. Actual time will vary depending on our current workload. No job will be sent to press without your approval unless waived. It is the customer's responsibility to log in to their account and check on their proof. We are not liable for delays in the order caused by customer's non-approval of the proof.
An online proof is by no means 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. Neither do they show color change from RGB or Pantone to CMYK.
The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. Customer is fully responsible for all that is contained in the final approved proof.
DigiLink, Inc. offers hard copy proofs which show reasonable likeness to the final printed pieces. Such proofs are recommended for color-critical art and must be requested by the customer when the print order is made. Hard copy proofs are printed on a substrate different from the actual paper stock and while it's main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not offer hard copy proofs for art that would be printed on uncoated paper.
The request for a hard copy proof will involve an additional fee and would extend the amount of time needed to complete the job. For orders where a hard copy proof has been requested, the approval must be received by us on or before our published cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, it is the customer's responsibility to determine if they need a hard copy proof when ordering.
Unless you choose Mailing Services, you need to select a shipping option presented to you on the Site. All shipping is currently done via UPS. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday.
Shipping transit times vary, and DigiLink, Inc. assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
DigiLink, Inc.'s responsibility is limited to preparing your printing order and turning it over to the carrier for shipping. DigiLink, Inc. is not liable for damages which occur during shipping.
We cannot ship to P.O. Boxes or APO/FPO. Complaints — All complaints must be registered with in 24 hours of receipt of job
Customer's mailing list(s), while in the possession of DigiLink, Inc. is the exclusive property of the customer and shall be used only with customer's instructions. Customer's mailing list(s) will not be sold or offered for use to any other party, and DigiLink, Inc. will not utilize the list for any other purpose. All mailing delivery dates are estimates, not guarantees. DigiLink, Inc.'s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service ("USPS"). DigiLink, Inc.'s responsibility ends when the job is delivered to the US Postal Service Business Mail Entry Unit. In no event shall DigiLink, Inc. be liable for USPS performance failures or delivery delays. DigiLink, Inc. shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the printing work performed. In no case is DigiLink, Inc. liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job. The customer will defend and hold DigiLink, Inc. harmless in any suit or court action brought against by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from circumstances where, acting as the customer's agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in DigiLink, Inc. sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against for actions of the customer's employees which may occur as a result of any mailing.
Void Where Prohibited
Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. DigiLink, Inc. reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any such Product or service that it provides. Any offer for any Product or service made on the Site is VOID where prohibited.
Site Content and Intellectual Property
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of DigiLink, Inc. or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without DigiLink, Inc. 's prior written permission, except that the foregoing does not apply to your own material that you legally upload to the Site.
All contents on the Site are: Copyright (c); 2012 DigiLink, Inc.. or its partners. All rights reserved. DigiLink, Inc. and the DigiLink, Inc. logo are trademarks of DigiLink, Inc.. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.
Nothing in this Agreement shall be construed as conferring any license or right to any DigiLink, Inc. intellectual property, including without limitation DigiLink, Inc.'s Print-On-Demand, printing, copying, duplication, collating, assembly, binding, storage, inventory, kitting, and delivery Services, whether by estoppel, implication or otherwise.
Disclaimer of Warranty; Limitation of Liability
THE SITE (INCLUDING ANY CONTENT CONTAINED WITHIN IT), ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, AND ANY SOFTWARE PROVIDED BY DigiLink, Inc. OR ITS DESIGNEES FOR USE IN CONNECTION WITH THE SITE OR WITH THE PRODUCTS AND SERVICES DESCRIBED ON THE SITE (THE "SOFTWARE"), ARE PROVIDED ON AN "AS IS" BASIS.
DigiLink, Inc. does not guarantee the results of address verification. DigiLink, Inc. does not guarantee the shipping cost for International Shipping under our 100% satisfaction guarantee.
UNDER NO CIRCUMSTANCES SHALL DigiLink, Inc. OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, OR (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DigiLink, Inc. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY GOODS, SERVICES, INFORMATION, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL DigiLink, Inc.'s AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, (i) ARISING FROM ANY ORDER MADE THROUGH THE SITE EXCEED THE TOTAL PRICE OF SUCH ORDER, or if (ii) ARISING OUT OF OR RELATED TO THE PREMIUM SERVICES EXCEED THE AMOUNTS ACTUALLY PAID FOR PREMIUM SERVICES DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION DEVELOPED.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply.
You agree to indemnify and hold DigiLink, Inc., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any material you upload to the Site, your use of the Site, your conduct in connection with the Site, or any violation of this Agreement or of any law or the rights of any third party. You agree to indemnify and hold DigiLink, Inc. harmless from any claims and to reimburse DigiLink, Inc. for any fees or expenses that may be assessed (a) as a result of a recipient's address being incorrect, (b) if the package has to be returned to DigiLink, Inc. due to incorrect address information, and (c) if the package is requested to be re shipped. Any such fees and expenses will be assessed to your account. A request for Signature Release on any package authorizes DigiLink, Inc. to deliver your shipment without obtaining a signature and signifies your agreement to indemnify and hold harmless DigiLink, Inc. from any resulting actions.
Entire Agreement. These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Headings, Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Waiver and Severability of Terms. The failure of DigiLink, Inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by DigiLink, Inc.. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations. You and DigiLink, Inc. agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflict of law provisions.
No Conflict. In the event there is a conflict between the terms and conditions of this Agreement and any Order, the terms and conditions contained in this Agreement shall prevail.
Cancellation of an Order. You may cancel any order placed with DigiLink, Inc. provided that DigiLink, Inc. receives the cancellation prior to the shipment of your order. You agree that you will be responsible for all charges related to work performed by DigiLink, Inc. prior to the receipt of your cancellation, which will include the entire cost of your order (excluding shipping) in the event that DigiLink, Inc. has commenced production prior to the receipt of your cancellation. If You wish to cancel an order, please contact DigiLink, Inc. Customer Service.
Export Controls. You are responsible for complying with all applicable United States laws, rules and regulations relating to export compliance. Without limiting the generality of the foregoing, You shall ensure that all of your content or data is not subject to U.S. export controls, or, to the extent any such content or data is subject to export controls, You will so notify DigiLink, Inc. immediately and You will implement all necessary security and access measures required to comply with all applicable U.S. laws, rules and regulations. You further represent and warrant that You are not yourself subject to export restrictions imposed by any such laws, rules and regulations.
Use of Promotional Codes. DigiLink, Inc. may from time to time make promotional codes available to specific users for the purpose of providing certain discounts or other special offers. These codes have not been authorized by DigiLink, Inc. for general public use. By using a DigiLink, Inc. promotional code, You represent and warrant that You have been authorized by DigiLink, Inc. to utilize the promotional code. DigiLink, Inc. reserves the right to refuse all and any use of a promotional code for unauthorized use or other misuse. In addition, You understand that you will be charged for the cost of your order in the event that you have violated these conditions.
Payment by Credit Card
Our Payment Terms; 30 Days Net on approved credit. DigiLink requires full payment on all first time jobs, payment must be received prior to shipping of any products. We gladly accept credit card payments,however, credit card payments carry a 3.5% convenience fee, unless your transaction is done online through DigiXPress.com or DigiCanvasArt.com.