Standard Terms and Conditions Between NationWide and Client rev. 4/14/06
placing an order with NationWide Disc, NationWide CD, NationWide Press, or any of the other names that you may know us by that are represented by this web site (hereinafter
referred to as NationWide) you (the client) agree to be bound by the
following terms and conditions. Please make sure you have read all of
the policies and terms before placing an order. The client also agrees
to hold NationWide harmless for any misrepresentation or failure to
perform or deliver any project submitted by client. Prices subject to change without notice. We reserve the right to correct errors. If you do not agree
with these terms then do not place an order with us.
work may not be accepted in the sole discretion of NationWide. Work not
accepted would be work that is considered either vulgar, inappropriate,
distasteful, or offensive in the sole discretion of NationWide. Any
work that attacks or demeans an individual, race, religion, group, etc.
in the sole discretion of NationWide will not be accepted. A job is not
considered accepted until this measure and others not specifically stated herein have been applied by NationWide.
Personal or economic rights: The client 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 client will, at the client's sole expense, promptly and
thoroughly defend NationWide in all legal actions on these grounds in a
manner acceptable to NationWide as long as NationWide notifies the
client of the legal action and gives the client reasonable time to
undertake and conduct a defense. NationWide reserves the right to use
sole discretion in refusing to print anything deemed illegal, libelous,
scandalous, improper or infringing upon copyright law.
PRODUCTION & TURNAROUND and ORDER ACCEPTANCE
Our production time begins ONLY after an order has been "received" and
successfully completed our initial processing. Orders are considered
"received" or "accepted" by NationWide and are put into production ONLY when the following five
conditions have been met:
(1) a WORK ORDER has been completely filled out by NationWide staff that accurately describes your project and proper pricing of the product ordered has been verified. We reserve the right to correct prices stated in error by the website or personnel, etc. of NationWide.
(2) all files have been correctly submitted.
(3) the client has approved the online PDF proof and has given the
written approval to proceed with production.
(4) NationWide will review the content of the project if necessary to
see if it conforms to standards as described in paragraphs 2 and 3
(5) payment has been made.
times. We try to produce all projects in an expedient manner. In some
cases we fail to meet our quoted or specified turnaround time on a
project. We will not be responsible for failure to meet the quoted or
specified turnaround time. If your project is of a time sensitive
nature then we encourage you to choose another vendor for your project.
the initial order is placed and your files have been successfully
either uploaded, emailed, etc., a NationWide representative will
contact you about your project. NationWide is NOT RESPONSIBLE for items
that would prevent the file from being CORRECTLY printed such as
missing files, resolution, color mode, missing fonts and images, proper
bleed, etc. It is also your responsibility to check backup and
pagination of files, size and trim, folds, perfing and scoring. Please
check the PDF proof returned for your approval very carefully. You are
responsible to detect errors in the file prior to giving your approval
to proceed. If a new PDF proof is necessary after one complimentary
re-proof due to client error there is a minimum charge of $20 for
re-trapping and ripping the file and generating a new PDF. There will
not be a charge on your first cycle of changes, only changes made after
the first cycle. There is no charge if the error is the responsibility
of NationWide. Once an order has been approved by the client NationWide
cannot accept any cancellations. There are also no refunds,
adjustments, or returns after this point.
note that your monitor's calibration affects what you see on your
screen. The colors on the printed project may differ from what you see
on your screen. PDF proofs are meant only as a general representation
of the color on final printed project, but they do accurately show type
treatment, trim marks, trapping, etc. Please review these carefully. If
this is a re-print of an old order please keep in mind that NationWide
DOES NOT GUARANTEE COLOR MATCHING to a previosly printed project or
proof. Even if a proof is supplied by NationWide we do not guarantee to
match it. The proof is for reference only. Color will be similar but it
will not match the final printed piece. NationWide does not guarantee
color in any way. If color accuracy is important to you then we
recommend that you choose another vendor for your project.
we rarely miss production schedules, the printing and pre-press process
involves equipment which is subject to malfunctions and equipment
failure. We will always do everything in our power to make sure that
any production problems do not delay your job. However, please note
that all production and delivery times ARE NOT CONTRACTUAL and no
turnaround time can be guaranteed. No verbal or written correspondence
by anyone at NationWide can change that. Please try to plan date
sensitive materials with time to spare. NationWide WILL NOT incur
additional cost to meet your deadline even if NationWide fails to
finish production at the stated or anticipated time.
Most of our projects are shipped via a common carrier. The client is
responsible for the job once it leaves our location. We do not
guarantee shipping times. The client is responsible for the
relationship with the common carrier. The title and ownership of the
job transfers to the client once it leaves our location. The client is
also responsible to make any claims on shipping damage with the common
LAYOUT AND DESIGN
The client must adhere to our layout specifications. Files that do not
follow our instructions will delay your job and incur extra charges. If
the client employs the services of a third party designer make sure
that all file submission specifications are understood and followed.
The client may contact a client representative at NationWide with any
questions the client may have regarding format and submission
the unlikely event that an error has occurred during the production of
a particular job, NationWide must be promptly notified of the problem.
A determination will then be made by NationWide whether the defect is
of such a nature as to qualify for a discount or reprint. There will be
absolutely no discounts, refunds or re-prints if NationWide is not
notified of such defect within 10 days from the date that a job is
shipped to a client.
We accept cash, money orders, certified bank checks, Visa, Mastercard,
and American Express. Company checks and personal checks may also be
accepted but your project will be delayed while we clear the check
unless other arrangements have been made in advance.
an order has been received by NationWide and approved by the client,
refunds are not allowed. Although NationWide does archive files for
re-orders, please retain a back-up copy of your files. NationWide DOES
NOT guarantee that any submitted files will be saved.
Disclaimer of Express Warranties: NationWide warrants that the work is
as described in the email approval sent to the client. The client
understands that all sketches, copy, dummies, PDF files and preparatory
work shown to the client are intended only to illustrate the general
type and quality of the work. They are not intended to represent the
actual work performed. Disclaimer of Implied Warranties: NationWide
warrants only that the work will conform to the description contained
in the email approval sent to the client. NationWide's maximum
liability, whether by negligence, contract, or otherwise, will not
exceed the return of the amount invoiced for the work in dispute. Under
no circumstances will NationWide be liable for specific, individual,
consequential, or other damages.
The client agrees to protect NationWide from economic loss and any
other harmful consequences that could arise in connection with the
work. This means that the client will hold NationWide harmless and
save, indemnify, and otherwise defend NationWide against claims,
demands, actions, and proceedings on any and all grounds. This will
apply regardless of responsibility for negligence.
The client also warrants that the subject matter to be printed is not
copyrighted by a third party. The client also recognizes that because
subject matter does not have to bear a copyright notice in order to be
protected by copyright law, absence of such notice does not necessarily
assure a right to reproduce. The client 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
client agrees to indemnify and hold NationWide harmless for all
liability, damages, legal and attorney fees that may be incurred in any
legal action connected with copyright infringement involving the work
produced or provided.
Use of Client Projects in Advertising and Marketing efforts:
From time to time NationWide may use your art or completed project or any part there of in
an effort to show our work to prospective and current clients. We reserve the right to modify your project to suit our specific need. This may
be done on our websites, direct mail material, brochures, cards,
flyers, and/or by providing actual samples. We do not intend to suggest
that we have the right to sell your work, we are only showing samples
of our capabilities to prospective and current clients. We will never
charge any party for these items or samples, nor will the client
receive any compensation for their use. If you do not want your project
to be used or highlighted in this way then you must tell us clearly in
written form when you submit your order. We will respond to your
request by telling you that we have received your instructions. If you
do not receive a written response to your instructions then we did not
receive your request and you can expect that we will use your project. In any case if we inadvertently or mistakenly use
your materials for this purpose then you agree to hold us harmless
against any claims made due to its use. It is our intent to follow your
All amounts due for taxes and assessments will be added to the client's
invoice as directed by the state of Texas and are the responsibility of
the client. No tax exemption will be granted unless the client's
properly filled out "Exemption Certificate" accompanies the project
when submitted. If, after the client has paid the invoice, it is
determined that more tax is due, then the client agrees to promptly
remit the required taxes to the taxing authority, or immediately
reimburse NationWide for any additional taxes paid. For projects that
are shipped out of state there is no tax due by the state of Texas
under current law, therefor we will not collect tax on out of state
shipments. The client may still be liable for taxes in your home state.
The client agrees to pay all taxes due in their home state and also pay
any claims made by your home state against NationWide in connection
with work performed on your behalf. We encourage you to inquire with
your state comptroller about tax liability.
In the case of a dispute or legal action both parties (the client and
NationWide) agree that any action will be filed and litigated in
Tarrant county, Texas. The client also agrees to arbitration rather
than legal action through the courts. The client agrees to have
NationWide provide an arbitrator acceptable to both parties.