PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW.  XCELPRINTING.COM RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT NOTICE AND SOLELY AT OUR DISCRETION BASED ON EMERGING TECHNOLOGIES, BUSINESS PRACTICES, AND CUSTOMER NEEDS.  IF YOU DO NOT AGREE TO OR ACCEPT OUR TERMS AND CONDITIONS, PLEASE DO NOT USE OUR WEBSITE. FUTURE USE OF THIS SITE INDICATES YOUR CONTINUED WILLINGNESS TO BE BOUND BY THE TERMS IN PLACE AT TIME OF USE.

The Terms and Conditions explained in this document include but are not limited to the following:

QUOTATIONS / ESTIMATES
Prices posted on this website are subject to change without notice. Written estimates or custom quotes are good for 30 days. An estimate not accepted within 30 days may be changed.

PAYMENT TERMS
All orders must be prepaid. We accept Visa, MasterCard, American Express, and Discover. If you would like to pay by a regular check, your order will not print until the check has cleared. This may cause a significant delay in your order. Under no circumstances will XcelPrinting provide COD terms on an order.

SALES TAX POLICY
Xcelprinting.com is required to collect sales tax on purchases shipped to Florida. If your order qualifies for sales tax exemption in accordance with Florida Sales & Use Tax Regulations you must provide xcelprinting.com with a valid Florida Resale Certificate. XcelPrinting requires that resale certificates be provided via fax 1-888-887-1112, prior to your order being placed.

Chargebacks

RIGHT TO SUBCONTRACT
XcelPrinting shall have the right to assign any portion of the work required to another contractor.

CUSTOMER SUBMITTED ART FILES
You are 100% responsible for the accuracy of your layout. We do not check for image quality or color, spelling or grammatical errors or other errors. Please proofread your artwork carefully before submission. Postal Regulations are subject to constant change, you are also 100% responsible for complying with current mailing restrictions for postcard backside layouts, check with your local post office.

We have created file preparation guidelines and product templates to assist you in creating print-ready files. You must adhere to the layout specifications, please use the appropriate templates supplied on our website to ensure accuracy. Files that do not follow the instructions provided will delay your job. XcelPrinting requires that all art files supplied by you for the purpose of producing printed matter adhere to the following formatting standards:
 

1. Art files must be in a CMYK format before they are submitted. XcelPrinting is not liable for any color shift that occurs in conversions from RGB to CMYK color modes.
 

2. Art files must have a minimum resolution of 300 DPI (Dots Per Inch) before they are submitted.

XcelPrinting is not liable for degraded print quality resulting from art file elements (artwork, graphic images, photographs etc.) that fail to meet this standard.

Additional formatting standards may apply. If you employ the services of a third party designer make sure that all file submission specifications are understood and followed.


ORDER CANCELLATION
Cancellation, order changes or corrections cannot be guaranteed once an order has been submitted online to us.

Canceled orders require compensation for incurred costs and related obligations at the time of cancellation. Due to the speed of our turnaround, you may only cancel a job (via e-mail) within 6 hours of having placed your order. No refunds will be given for orders canceled beyond the 6 hour allowed period.

For orders not involving graphic design:
A cancellation fee of $35 will be deducted from your refund, provided your cancellation was made within 6 hours of placing your order.

For orders involving graphic design:
If your order is cancelled prior to proof approval and within 6 hours of placing your order, there will be a $75.00 cancellation fee deducted from your refund. Click here to cancel an order

RETURNS AND REFUNDS
All sales are final, your order is unique to you and has no re-sale value. You must contact our Customer Service Department at 1-888-887-1112 within 3 days from date of delivery regarding any defects or errors. If we verify that we made an error, we will re-print the order free of charge from your original file. No refunds or credits will be issued. In order to receive the replacement, you must return 100% of the defective order within 7 days (at your own expense) from delivery. This does not cover customer initiated errors such as but not limited to incorrect art, low resolution photography or order parameters not defined on the order, so be sure to check your proof and order parameters carefully. Any claim older than 5 days will not be eligible for replacement as that is ample time to find an error or defect with your order.

SAMPLES
XcelPrinting reserves the right to use your product for samples or advertising purposes.

OVERRUNS / UNDERRUNS
XcelPrinting will normally deliver the exact quantity of goods ordered plus a small additional amount. There is no extra charge for the additional amount. The generally accepted trade practice is plus or minus 10%.

GANG-RUN PRINTING
Gang run printing has been one of the driving forces in the large drop in price for full color printing. XcelPrinting is able to offer quality printing at a substantial savings due to the process of "Gang-Run Printing".

A gang run is a way of printing jobs for clients which brings the cost down by printing several print jobs together on the same print run. Gang runs are generally used with sheet fed printing presses and CMYK process color jobs. In offset printing, the first sheet costs more than the next 1,000. Gang Run printing allows multiple jobs to share the setup cost. For example, a 28" x 40" sheet can hold 32 4" x 6" postcards (each card takes 4.25" x 6.25" on the sheet to accommodate full bleed. If a job is color critical then the necessary attention it needs cannot be attained in a gang run format. Therefore the job must be printed by itself losing the discounted price of printing in a gang run format. Color Critical Jobs require a dedicated run and the press be calibrated to run that specific job only rather than a gang run with other print jobs. XcelPrinting will make every effort to match the colors of your submitted art work as close as possible, but make no guarantee. ALL Gang-Run printing projects are subject to a 10% Color Variation, NO EXCEPTIONS!

COLOR MATCHING
Due to the nature of "Gang-Run Printing" as described above, the accuracy of color reproduction is not guaranteed. By placing and order with xcelprinting.com you agree to this limitation. We accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. Our commercial printers utilize the process colors CMYK (cyan, magenta yellow and black) to compose all colors. Be certain to design your product using CMYK. Product components submitted utilizing the color pallet RGB (red, green, blue) can result in unsatisfactory shifts in colors.

ORDER PROOFING
Prior to print production, xcelprinting.com may supply an electronic PDF proof if one was requested by the customer when the order was submitted. Please take note that an on-line proof is by no means an accurate color reproduction of your final printed piece but is a final opportunity for you to check the layout, bleeds, crops and final text. You are responsible for verifying the accuracy of all art file elements, including but not limited to, positioning, text, content information, image proportion and placement as contained within the proof. Print production will proceed only after a proof has been approved by you in writing via email, unless a PDF proof was not requested at the time the order was submitted. You are liable for any and all charges resulting from changes and/or rework occurring after proof approval. As postal regulations are subject to change, you are also responsible for complying with current mailing restrictions for postcard backside layouts. Check with your local Post Office. PDF proofs are optimized for fast web downloads, and as a result, may appear “pixelized”. It should be noted that the final printed pieces will not appear in this manner, provided that the customer supplied artwork complies with our Artwork Guidelines.

XcelPrinting will not be held liable for orders consisting of components that are submitted not in accordance with our file or design specifications for color, layout, bleed, margins, font embedding, file flattening, etc. XcelPrinting will not be responsible for any layout or unexpected print quality issues on a project that has not been proofed by the customer as described above. We will not be responsible for incorrect layouts or color issues introduced from third party graphic designers. XcelPrinting will alter your submitted file to meet our design specifications if you grant us permission to do so verbally or via email. Such alterations include, but are not limited to: resizing or movement of images and/or text to fit within our defined size / margin / bleed specifications. Should your file require adjustments beyond this, your order will be placed on hold and the person listed as the "Contact" on the order will be contacted through the indicated email address for desired resolution. All problem resolution requests will be initiated by XcelPrinting through email to the Contact Person indicated on the order if any problem with your submitted files is identified. We highly recommend submitting only print-ready orders to reduce delays. Furthermore, due to the variation in monitor screen colors, calibration, and adjustments, PDF proofs may not provide an accurate color representation of the final printed work and are not intended for such.

CONDITIONS OF USE
You agree to use this site in a responsible manner that is in full compliance with these Terms and Conditions and with your local laws. You agree that you will not use XcelPrinting.com to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. You are solely responsible for the content you incorporate into your products and you confirm that you are the owner of or are authorized to use such content. 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 may only use XcelPrinting.com 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 XcelPrinting.com, unless specifically permitted by XcelPrinting. 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 XcelPrinting.com. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place an order in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet Address (IP Address) to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law. Permission is granted to electronically copy and print in hard-copy portions of XcelPrinting.com for the sole purpose of using this site as a shopping resource. Any other use of materials or content on XcelPrinting.com, including reproduction for a purpose other than that noted above without XcelPrinting's prior written consent is prohibited.

NONEXCLUSIVE LICENSE
We grant you a nonexclusive, nontransferable, limited right to access and display the XcelPrinting.com and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of XcelPrinting.com may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of XcelPrinting. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of XcelPrinting.com without our express written consent. You may not use any meta tags or any other "hidden text" utilizing XcelPrinting's name or trademarks without the express written consent of XcelPrinting. Any unauthorized use terminates the license granted by XcelPrinting. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of XcelPrinting.com so long as the link does not portray XcelPrinting.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any XcelPrinting.com logo or other proprietary graphic or trademark as part of the link without express written permission.

COPYRIGHT / INTELLECTUAL PROPERTY
The content provided on this site, including all text, illustrations, designs, compilations, photographs, clips (audio and visual), downloads, pictures, software, graphics, logos, drawings, icons, products and any combination of them is the property xcelprinting.com or its partners and vendors and is protected by United States and international copyright laws, trademarks, patents and other intellectual property rights.

The compilation of the materials on this site is the sole and exclusive property of XcelPrinting and is protected by U.S. and international copyright laws. You may not duplicate, copy (in whole or in part) any portion thereof, modify, directly or indirectly transcribe, distribute or transmit material, reprint, publish, create derivative works from, perform, display, incorporate into another website or other medium, or in any other way use or exploit any of the content, in whole or in part, without the specific permission of XcelPrinting.

COPYRIGHTS
The client 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. You agree that you will NOT upload any artwork files consisting of the following 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. To support these warranties, the client agrees to indemnify and hold the supplier 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.
 

GOVERNING LAW
XcelPrinting is based in Spring Hill, FL. Any legal action or proceeding relating to or arising from your use of this site or purchase of xcelprinting.com's products and services shall be instituted in Spring Hill, FL. You agree to submit to the jurisdiction of Spring Hill, FL courts and agree that venue in these courts is proper in any such legal action or proceeding.

RIGHT OF REFUSAL
XcelPrinting reserves the right to refuse service to, or terminate the order of any user, for any reason, at our sole discretion. We also reserve the right at our sole discretion to require proof that you are authorized to distribute or use the content developed using our website, products, or services. Reasons we may refuse or terminate orders include, but are not limited to: If we believe that the conduct of any user violates any applicable law; If we find materials supplied for printing are offensive or inappropriate, including but not limited to: advertisements for items or services not legal for sale in the United States, infringement of copyright of other websites, products, or services, plagiarism of copyrighted material including but not limited to slogans, logos, website content, pornography, obscene or patently offensive text or images, racist, ethnic, hate material, of a religious nature or belief.

LIMITATION OF LIABILITY
In no event shall XcelPrinting, its 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, arising out of or in connection with the use or performance of XcelPrinting's products and services. You also acknowledge that in no event shall we be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.

MISCELLANEOUS
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. XcelPrinting makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

INDEMNIFICATION
You shall indemnify, defend, and hold XcelPrinting, our officers, directors, employees, and agents harmless from and against any and all claims, losses, damages, liabilities, judgments, and fees and expenses related thereto (including attorneys' fees), arising out of, based upon, or resulting from, any breach or violation by you of our Terms and Conditions or any use by you of our website, products, and services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In no event, however, shall you settle or otherwise dispose of any such matter without our prior written consent.

DISCLAIMERS AND LIABILITIES
Although we believe that our website, products, and services are reliable and fully available, we make no guarantees with respect to any content on the website, or our products or services. Consequently our website, content of the website, products, and services are provided "As Is" and we hereby disclaim all warranties and conditions with regard to our website, products, and services. Further we do not warrant, guarantee, or make any representations regarding the use of or the results of the use of our website, products, or services in terms of correctness, accuracy, reliability, or otherwise and do not warrant that the operation of the website, products, or services, will be uninterrupted, or error free. We expressly disclaim any warranties not stated herein. To the maximum extent permitted by applicable law, in no event shall we be held liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use our website, products, or services) even if we have been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall we be liable to you for any matter arising under or relating to your use of our website, products, or services that exceed the total amount you paid us with respect to the particular Order or Service giving rise to the claim.

MODIFICATIONS TO THE WEBSITE, PRODUCTS, or SERVICES
We reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, product, or service or in its entirety including features and hours of operation and availability, and (ii) impose limits on certain or all features of our website, products, and services, or restrict your access to a part or all of our website, products, and services. All or part of our website, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs.

GENERAL PROVISIONS
These Terms and Conditions comprise the entire agreement between you and us and supersede all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with our website, products, or services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of our Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of such provision and the remainder of our Terms and Conditions shall continue in full force and effect. Our failure to exercise or enforce any rights or provisions of our Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, our website, products, or services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws, all matters arising hereunder shall be exclusively held in Hernando County, FL, and you agree to the exclusive jurisdiction of the state and federal courts located in Hernando County, Oregon. All provisions in our Terms and Conditions regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of our Terms and Conditions or your use of our website, products, or services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation.