Terms & Conditions

TERMS AND CONDITIONS

Welcome to Franchise Print Service (Maginate Marketing, Franchise Printing Services or the "Website"). We provide our Website as a service to our customers. Please review the following basic rules which constitute our "Terms Of Use & Legal Notices," which govern your use of our Website. By using our Website you agree to be bound by the terms and conditions set forth below, and our Privacy Policy and all disclaimers or other terms and conditions that appear elsewhere on our Website (collectively the "Agreement"). Your use of our Website constitutes your agreement to follow and be bound by the Agreement. If you do not agree to be bound by the Agreement, please do not use our Website. Although you may "bookmark" a particular portion of our Website and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Website still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend that you visit these pages periodically to review the Agreement.

Business Hours

Customer Service is available 11 AM to 6 PM Eastern time Monday through Friday by phone or email support. This does not apply to holidays during which the business is closed. Email Support requests are typically answered within 90 minutes during customer service operating hours. Email Support requests submitted after 4 PM Eastern may not be answered until the following business day.

Customers may NOT pick up their orders or drop off artwork to our office. Our office is not open to the public. All print jobs are shipped via UPS or FedEx regardless of your location.

Order Cancellation Policy

Jobs cannot be stopped / canceled once they are in Pre-Press Status.

Order(s) that are canceled are subject to a cancellation fee based on the current production status of your job. The fees are as follows:

•$10.00 — PRIOR to a proof being received by prepress.

•NO REFUND — There will be no refunds of any kind AFTER a job has been placed in pre-press.

ALL REFUNDS WILL BE IN THE FORM OF IN-HOUSE CREDIT

Return Policy

Franchise Print Service focuses on providing all our clients with the best possible printing experience and products. If for any reason you are not completely satisfied with your order, please promptly contact our customer service department by calling our number listed on the Website. You may also submit a Email Support Request with, "Problems with my job" in the subject line.  All defects / order issues must be reported to Franchise Print Service within 3 days of receiving your order.

We offer a reprint on defective print orders, or mutually agreed-upon partial house credit.

Determination of order defects is at the discretion of management. Client will be requested to submit digital photos to document the product's defects. In some cases, Client will be required to ship defective product(s) back to Maginate Marketing at their own expense and in an agreed upon reasonable time frame. In cases where the order is required to be shipped back to Maginate Marketing at Client expense, Franchise Print Service may reimburse Client for shipping if a defect is determined to exist.

Any charges related to expedited orders, such as rush printing or shipping, are non-refundable for defective products unless shipping carrier delivers a defective product or fails to deliver an order.

Turnaround time and shipping options for reprinted orders varies due to available production capacity and are at the manager's discretion.

Direct mail services are not subject to the above stated standard return policies and will be evaluated on a case-by-case basis for potential refunds or reprints.

All policies are subject to change without prior notification.

General Information

Any original media (discs, pictures, slides, proofs, etc.) are non-returnable and become our property unless pre-arrangements are made. Preferred file type is Adobe PDF. Acceptable applications for Mac & PC include (but are not limited to) Quark Xpress, Adobe PageMaker, Adobe Illustrator, Adobe InDesign, Adobe Photoshop and Adobe PDF. Additional charges may apply if furnished media are incompatible with our software. We cannot guarantee consistent results if files are generated by other applications like Microsoft Publisher. For best results, all rasterized files should be converted to CYMK. All fonts must be included or embedded. Images must be flattened with CMYK in TIFF or EPS format. Proofs will be e-mailed or shipped out within 24 hours of receipt of files and order form. Turnaround time begins after receipt of final proof approval. Final approval will only be accepted in written format. No verbal approvals will be accepted. Job is considered complete if within +/- 5%. Quoted prices do not include any shipping, handling or sales taxes (if applicable). Prices subject to change without notice. All jobs require payment in full upon acceptance of order. Unless other payment terms have been previously arranged and account is up to date, your credit card will be charged upon placement of order.

We do our best to fulfill orders at the facility nearest to the provided "ship to" destination, however we reserve the right to fulfill orders at other locations.

Customer Supplied Proofs

For each job, the customer may be required to supply a color hardcopy proof of their job when placing their order. If the job is two-sided, folds or binds (like brochures and catalogs), then a working model (mockup) of the job is required to indicate backup, page orientation, folding, binding and page order/assignment. We are not responsible for any such errors if a working model is not provided prior to proofing.

Online Customizing Tool

For each product that offers online custimization by using the online design tool, you accept all responsibility. When you aprove your online proof, your approving that all the content is correct and without error. When you receive your printed material and you find an error, you are 100% responsible and we take zero responsibilty for your error in proofing. There are no refunds or reprints on products that were generated through the design online tool if there was a spelling error, grammatical error, omited pages. or wrongly inputed information.  If a reprint is warrented, it is done on a case by case basis and is at the descretion of Maginate Marketing management.  If we offer a reprint, the user is responsible for all shipping costs involved. It is your responsibility to submit the correct number of pages or notify us via email if you desire duplicate art to reverse sides. Products that offer single or double side printing do require the correct number of art designs to be submitted. Notifying Maginate Marketing of an error on your customized product before it goes to print, does not gaurantee it will be corrected before printing due to the volume of print jobs that come through the system. Our system is automated and will only print what we receive. We do our best to look over the file that we receive from the server before we print it, but there are no gaurantees. 

Color Proof Accuracy

Please note that although color proofs supplied to the customer are highly calibrated and very accurate, they cannot match the final printed product 100%. This is due to the fact that proofs are created in a different way than the printed piece (ink, paper stock, registration, line screens, etc.) Also note that the customer proof may not closely match our proofs or the printed piece either for the same reasons, and because the customer supplied proofs are not calibrated to our presses.

Right Of Refusal

We reserve the right to refuse service or products to any person or organization.

Turnaround Time

Although we make every possible effort to turn jobs around in the estimated times offered, your job may require more time due to unforeseeable or uncontrollable circumstances or finishing services added onto the job. We will not credit customers if a job runs past the estimated turnaround time. TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE!

Local Delivery

We do not make local deliveries. ALL ORDERS ARE SHIPPED! Exception - if you are located in the Indianapolis area, you can opt to have your products shipped to our office and we will bring it to your location, but you are still responsible for any shipping fees as the printing facility is not located in our local area. We will contact you once it arrives and setup a delivery time with you.

Non-Delivered Shipments

From time to time a user will enter the incorrect shipping address and the shipper deems this as non-deliverable. If this happens to you, your product(s) will be returned to our supplier who in return ships it to our office to handle. Once we have received the non-deliverable item, we will make an attempt to contact you for re-delivery. You will be responsible for any additional shipping and handling fees associated with this process. In many cases it is double the shipping costs, We are charged for the supplier shipping it to us, then we must pay to ship it to you again. Please be sure you enter the correct shipping address, you are available on the day it delivers or make arrangements with the shipper; this type of error can delay your order for up to 3-4 weeks.

Order Chargebacks

If you see the need to create a chargeback on your credit card because you are not pleased with the timeframe of your order, you will be required to still make the payment when you receive your products. This mainly pertains to franchisees who place large orders, receive their products and create a chargeback with their credit card company. Your account will be closed and banned from our server based on your IP address and we will notify your Franchisor of the fraudulent activity and they will not only collect the original amount from you, but also the fees Franchise Print Service had to pay suppliers to process your order. So please think carefully before placing an order or creating a chargeback. When we say all sales are final, we do mean final, materials with your address and phone numbers printed on them have ZERO re-sale value to us. By accepting this Terms of Service you agree to pay for the services that Franchise Print Service and Maginate Marketing provide. You also agree that you will be held responsible for payments and fees as a result of a chargeback and you accept that we may contact your Franchisor to have them collect payment from you on our behalf. If you are not connected with a Franchisor, you agree that we may proceed with a legal collections process to collect payment.

Proprietary Rights

Unless otherwise noted, all written and/or other materials that are part of our Website, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. Our trademarks, logos and other trademarks on our Website are the property of their respective owners and are owned by, licensed to, or, where required, used with our permission, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

Your Use of Our Website

Our Website and the Content are intended solely for your personal, non-commercial use. You may download or copy the Content and/or other downloadable materials displayed on the Website for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the Content for public or commercial purposes without written permission from an authorized representative. It is also strictly prohibited to download any images of our products which appear on our Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related intellectual property. You agree that if we, in our sole and unfettered discretion, requests in writing that you remove any link or links to our Website, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of our Website, or any part thereof, with or without notice.

Use Of Artwork

You understand and agree that we license photos and other artwork, hereinafter referred to as Images, from various Licensors and/or Copyright Holders. We are licensed to use the Images as permitted in their respective license(s). These Images are used in our design online templates, hereinafter referred to as Templates. You are required to comply with the limitations on how the Images and/or Templates can be used.

You May Not:

Request artfiles to modify for your own use or to be printed at another printer. We have exclusive rights to print the files shown on our site set forth by your respective company that has contracted Maginate Marketing. Maginate Marketing will not make special arrangements with any agency to give you the files to print elsewhere.

Use Images and/or Templates together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any Maginate or third party's trademark or intellectual property rights.

Use the Images and/or Templates in a way that places any person depicted in the Images and/or Templates in a bad light or in a way that they may find offensive - this includes, but is not limited to, the use of Images a) in pornography; b) in advertisements or promotional materials for tobacco products; c) in advertisements or promotional materials for adult entertainment clubs or similar venues, or for escort services; d) in advertisements or promotional materials for dating services; e) in connection with political endorsements; f) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products, if the use implies that the depicted person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.

Use any Images and/or Templates (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.

Falsely represent, expressly or by way of reasonable implication, that you or a person other than the copyright holder(s) of the Images and/or Templates created the Images and/or Templates.

We are required to provide Licensors and/or Copyright Holders with the names of the users who access Images and/or Templates. By signing below, you are also confirming that you understand this and are granting us permission to provide your name and contact information as may be required. In the event that anything in this section contradicts any of the agreements or licenses we have with Licensors and/or Copyright Holders regarding the Images and/or Templates, the terms of those agreements shall govern.

If you use Images and/or Templates in any way prohibited above or in any agreements between us and Licensors and/or Copyright Holders it will result in liability in accordance with the terms of our agreements with Licensors and/or Copyright Holders.

NO WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT ON THIS WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR WEBSITE, WITH THE DELAY OR INABILITY TO USE OUR WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE.

Security

Tampering with our Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited. Users are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Website for unintended purposes or trying to change the behavior of our Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Website (impersonating our Website), or to our Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on our behalf, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.

Kids' Privacy

Our Website is intended for use by individuals 13 years of age or older. Our Website is not directed to children under the age of 13. Users under the age of 13 must use the assistance of a parent or guardian before they use or visit our Website.

Errors, Corrections and Changes

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.

Information & Content You Submit to Us

By using our Website, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Website is not confidential. By submitting any solicited or unsolicited information using our Website, you grant to us and our affiliates an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.

We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights, including but not limited to the use of a union bug. We are not a union shop and are not authorized to print materials with a union bug. If you submit content with a union bug, we will not print any such content if the union bug is observed during our quality control process. Jobs that violate this union bug policy will automatically forfeit monies collected. Refunds, credits, or partial refunds will be at the sole discretion of our company.

Indemnity

You agree to indemnify, defend and hold us harmless, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement. You specifically agree to defend, indemnify, and hold us harmless from any and all claims arising from the improper use of trademark, copyright, or other protected material, including but not limited to the use of a union bug.

Third Party Websites & Links

Our Website may contain links to other Websites that are not under our control ("Third-Party Websites"). We provide links solely for the convenience and information of our Website users. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on our Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. We make no representation or warranty as to any products or services offered on any Third-Party Website. The conditions of use and privacy policy of any Third-Party Website may differ substantially from the Terms of Use and Legal Notices that apply to your use of our Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.

Applicable Law & Other Terms

Our Website is created, operated and controlled in the state of Indiana, in the United States of America. The laws of the State of Indiana will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Indiana, County of Marion and/or Indianapolis in all disputes arising out of or relating to the use of our Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us with respect to our Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.