Terms & Conditions of Service
Overview
Island Blue is an online print marketing provider offering the ability to place orders for a variety of print marketing materials through our Net2Blue print order system. Utilizing the Net2Blue system, our customers now have options through Island Blue’s online Digital Print Retail Store or through a customer’s own Privately Branded Store to place orders for signs, banners, postcards, brochures, promotional products and more.
The online Digital Print Retail Store concept is based on cash customers registering into the system and simply uploading their original print-ready files or creating them from the supplied digital templates, viewing an online proof (see online proofing), submitting their payment online and Island Blue printing the item(s) requested and shipping the finished product directly to the user upon completion.
A Privately Brand Store will allow account customers to better manage their printing assets from a single location and simplify the ordering process. Through their own user id/password protected store they can order their own templated products or finished marketing materials online, view an online proof, charge the product to a pre-approved account and Island Blue ships directly to the customer upon completion of the order.
Placing an Order
Net2Blue User Registration
By submitting registration information to Island Blue’s Net2Blue print order system all users are understood to have agreed to the Terms and Conditions of the online service, indicating they have read, understood and accepted all conditions and particulars of Island Blue’s Net2Blue policies. Any interaction with the ordering system indicates agreement of all terms and conditions governing its use.
If any user does not accept the Terms & Conditions of Island Blue’s Net2Blue print order system as stated in this document, access to the ordering system is not permitted.
Island Blue reserves the right to modify, make alterations or updates to the Net2Blue print order system or the Terms & Conditions at any time and without notice to users. It is the responsibility of the user of this print order system to at all times review whether or not these Terms & Conditions have changed. Continued use of this print order system shall be deemed an acceptance and agreement to be bound by any modifications, alterations or updates.
User’s Responsibility
All users agree that all existing and future features, additional services or products provided are covered under the Terms of Service.
All users agree that the service provided is on “as is” basis and no liability arises against Island Blue in so far as the terms and conditions are duly followed by Island Blue. All users agree to comply with any recommendations or guidelines issued by Island Blue with respect to the use of the Net2Blue print order system and/or services or products.
All users shall ensure that all digital print-ready files used in connection with the Net2Blue print order system comply with these Terms of Use and all applicable laws, regulations and rules.
All users acknowledge that all content contained in the Net2Blue print order system, including, without limitation, the templates, software, data, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Island Blue.
You agree, acknowledge and admit that the online design of print marketing materials using Island Blue’s Net2Blue templates are deemed to be the property of Island Blue and that all rights are limited to the printed product only.
Registration
Registration of user details are mandatory in order to utilize Island Blue’s Net2Blue print order system for placing print orders of select products or items. Registration includes the requirement of the user’s full name, contact email and password.
On completing the registration process users will be prompted to enter a password which should be a combination of numerals and letters for best security. Users of Island Blue’s Net2Blue print order system are responsible for maintaining the strict confidentiality of their account. The user is responsible for any and all print orders placed under their login account and password without exception. Upon any unauthorized use of any user account, the user must notify Island Blue immediately by email as to the problem. The login account will be de-activated promptly upon this notification.
In the event of loss of password or breach of security users must immediately notify Island Blue by email as to the problem. Retrieval of forgotten user passwords can be initiated by the user through a link button available on the home page of the Net2Blue print order system.
User Restrictions
Users may only use Island Blue’s Net2Blue print order system to make legitimate requests to purchase print marketing materials or services offered online and shall not use the print order system to make any speculative, false or fraudulent requests. Users may not use robots or other automated means to access the Net2Blue print order system unless specifically permitted by Island Blue. All users represent that they are of sufficient legal age to create binding legal obligations for any liability incurred as a result of use of this print orders system.
It is a violation of law to place a request in a false name or with an invalid credit card. Please be aware that even if a real name is not disclosed, Web browsers transmit a unique Internet address that can be used by law enforcement officials to identify the user. Fraudulent users will be prosecuted to the fullest extent of the law under the laws of British Columbia, Canada.
The User further agrees to the following:
Not to upload content or digital files that may contain or may be malicious, abusive, defamatory, libellous, vulgar, obscene, invasive of another's privacy, or otherwise objectionable.
Not to upload or otherwise make available any digital file that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
Not to upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
Not to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the service.
User does not obtain any right or claim to any or all of the design elements through creation of a design and/or incorporation of logos/designs into one or more of the print marketing products.
User undertakes not to file any application for registration of the online template designed print marketing materials or claim any rights to the template design.
User acknowledges and agrees that Island Blue may in its sole and unfettered discretion, unilaterally and without notice, terminate these terms of use, disable and deny access to the user to the online services including but not limited to the Net2Blue print order system, and take legal action against any user who engages in any activity or conduct that is prohibited by these terms of use and/or by any relevant law, regulation or rule.
Island Blue’s Obligation
Upon the agreement by the user to the terms and conditions issued by Island Blue, the user of Island Blue’s Net2Blue print order system is granted access to and use of the online order system for the printing of the users print marketing materials.
Island Blue further agrees to the following:
The right to modify the Net2Blue print order system, content or any other aspect of the online system and/or the products and services, and may change, suspend, or discontinue any aspect of the online print ordering system and/or a product and service at any time without notice or any liability to the user or any person. Island Blue shall have complete rights, title interest and discretion to make changes or additions over the features, functions and other terms and conditions on which the Net2Blue print order system of products and services have been based.
Island Blue has full rights over the information provided at the time of Registration and during continued use of the system and the user irrevocably acknowledges the entitlement of Island Blue to utilize the same as bound by per the Terms and Conditions stated here and the Privacy Policy (see Privacy Policy) governing informational access.
On compliances of all requirements, Island Blue grants the user non-exclusive, non-transferable rights to use Island Blue’s Net2Blue print order system to place print orders. Net2Blue ordering can include access to templated print marketing materials designed through Island Blue’s Net2Blue print order system and made available to the user for product creation or online download. The use of the Net2Blue print order system is limited to use of the final print product for advertising, marketing, informational or promotional purposes. However, at no time can the User sell / resell the design created with the online template or tools in any form.
Work Orders - Terms & Conditions
Quotations/Estimates
Prices posted on Island Blue’s Net2Blue print order system are subject to change without notice. Prices quoted online are subject to any additional sales tax as required by law as well as shipping costs or other ancillary charges that may apply.
Written estimates for any print product or services not listed on Island Blue’s Net2Blue print order system are good only for 30 days from the date of estimate. An estimate not accepted within the 30 days will be honoured only at the discretion of Island Blue.
Quotations / Estimates for all print products or services not listed on Island Blue’s Net2Blue print order system are based on the accuracy of the specifications and a print ready file provided by the customer. Non print ready files are subject to additional costs over and above the products and services on which the original estimate was based. The additional cost will be provided to the customer by an Island Blue Customer Service Representative before proceeding with the print order to be agreed upon by the customer. Orders placed with are, to the user's knowledge, correct in all particulars and the online posted price is accepted.
Payment Terms
All prices and amounts shown on Island Blue Net2Blue print order system are in Canadian Dollars. A user purchasing printing products and services through Island Blue’s Net2Blue print order system agrees to all charges, taxes, shipping and processing fees that will be automatically charged to their credit card. We do not accept liability if payment is refused or declined by the credit card supplier / bank for any reason. We reserve the right to place any job on hold or cancel any order without notice if the credit card is returned as declined.
Once any print order has been placed through Island Blue’s Net2Blue print order system by the user and submitted electronically to Island Blue for processing, no changes are allowed to the digital file, job specification or turnaround time. The customer is totally responsible for paying the full amount of all jobs along with applicable taxes, shipping, and processing fees, unless otherwise noted in writing before the print request is put in to production. In the case of cancellation (see Cancellations) a refund may be extended to the customer at the discretion of Island Blue if no billable work has been done by Island Blue on that print order.
Payment Methods
All print requests from users without account privileges through Island Blue’s Net2Blue print order system must be paid via credit card. Island Blue accepts credit cards issued by Visa and MasterCard.
The user’s credit card will be charged upon completion of the ordered items, although funds are guaranteed by the issuing bank for a period of fourteen days from the date of the order. All orders placed through Island Blue’s Net2Blue print order system will appear on a credit card statement as Island Blue Print Co. Ltd.
If there are any questions/issues concerning any charge or this policy please contact an Island Blue customer service representative at 1-800-661-3332.
Online Credit Card Security
The printing division of Island Blue employs Marcom Central, a third party organization, as well as Cybersource, a leading Credit Card Service Provider, for its online transactions. All credit card data is passed through MarcomCentral using Silent Order POST (SOP) to Cybersource using the HTTPS protocol and 128-bit SSL encryption, the industry standard for secure transmission. No credit card information is ever stored or processed by Island Blue.
Sales Tax
Island Blue is required to collect 12% Harmonized Sales Tax (HST) on all purchases shipped to locations within British Columbia. For orders shipped outside of British Columbia, tax is calculated based on the shipping location and in some cases on the exact print service being shipped.
Tax Exemption
If any user or organization would like to claim tax-exempt status, contact a customer service representative by phone at 1-800-661-3332 and fax over the appropriate documentation (tax exempt certification) prior to placing any order through the site. After receiving your certificate, Island Blue will confirm the exception by email.
Net2Blue Print Orders
Refusal
Island Blue reserves the right, at its sole discretion, to refuse to print anything it deems improper or known to be illegal, vulgar, and immoral or an infringement of any third party’s right in the knowledge of Island Blue. Island Blue is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The user guarantees the legal title of all matter[s] submitted to Island Blue for printing.
Cancellations
All print orders are processed as soon as Island Blue receives confirmation of available funds if paying by credit card or confirmation that the user’s charge account is in good standing. Orders can only be cancelled within 24 hours of placing the order through the Net2Blue print order system
If an order must be cancelled, the user must contact an Island Blue customer service representative by phone during working hours at 1-800-661-3332 along with an email to support@islandblue.com explaining the reason for the print order cancellation. If billable work has not started on the order, Island Blue may agree to hold the user free of all charges and the order will be cancelled. If any service has been rendered, the user is held responsible for the payment of those applicable charges. If the order has been sent to print, the user is responsible for payment of the full billable amount.
Alterations / Corrections
Alterations by the user to their original digital file or submission of a new digital file are permitted only if the original order has had no billable work applied and is still in a cancellable state. New files must be submitted to Island Blue within 24 hours of the original order. If the original order is not cancellable, no corrections are permitted and the user is required to submit a new print request at the online list price.
Turnaround Times
The turnaround or estimated time to completion begins once the user’s proof has been approved, either by soft proof online or a signature on a hard copy proof. If the print item is being hard proofed, turnaround begins when Island Blue physically receives the approval signature (ie. faxed, mailed or dropped off to us).
Turnaround varies on the product and the complexity, ranging from two to ten business days (Monday – Friday excluding Canadian statutory holidays). Online orders through the Net2Blue print order system will have their standard turnaround time listed with each print item. For orders submitted via another delivery method with critical timelines please let us know and we will establish a turnaround for you via email or over the phone. Custom services such as die cutting or vinyl stitching will require additional days to process.
Turnaround Times and Delivery
Turnaround times do not include delivery to their final location. Shipping times are to be added onto the turnaround time. Turnaround times only refer to our production schedule and when the print order is expected to be available for pickup at our location.
Shipping Destinations
Island Blue currently ships to continental North America, including Alaska and Hawaii through either Canada Post or Fedex. Print orders will be shipped in accordance with the delivery option selected during the order process. Delivery charges are calculated by volumetric weight, service level and destination of the parcel.
Shipping Methods
Local (City) Courier: We are based in Victoria, British Columbia and can offer local delivery to surrounding areas from our downtown location through a local courier company. Effective delivery range is to downtown Sooke to the west and the Swartz Bay Ferry Terminal to the north. For our Net2Blue users the standard service level is Overnight delivery. Print orders are picked up by 4:00 that day and delivered throughout the following business day.
Canada Post/Canada Parcel Post: For small, non-time sensitive items, Canada Post delivers to all addresses in Canada. Delivery is normally within a few business days depending on location.
Fedex Ground: Ground service is our standard shipping option for out of town and cross-Canada shipments as it is the most cost effective. Estimated delivery times are calculated using the distance from our facility to your location. Please understand that projected in-transit times are not guarantees of service. Delivery is expected by the end of business day.
Shipping Costs
Shipping is determined through the Net2Blue print order system at the point of order based on the destination of the print materials. Delivery charges are calculated by volumetric weight and according to the destination of the parcel.
Tracking Out-of-town Shipments
Upon shipment of your print products, Net2Blue users will be emailed confirmation of their shipment and the waybill number of the courier company handling the delivery.
Liability of the Net2Blue Print Order System
Liability of Island Blue’s Net2Blue print order system at all times is limited only to the stated selling price to the customer of any proved defective print products or services.
Island Blue warrants that every print product or service meets print industry standards for such product and is free of any material defect in workmanship. The liability of any proved material defect is replacement of the defective material and no liability is assumed as to losses or damages relating to the defective material in any manner.
Island Blue provides no warranty of any kind that a design created by use of this site will not infringe or be subject to the claim of infringing any trademark or other rights of another party. It is the user’s responsibility to determine whether the design is legally available to the user and does not infringe the rights of any third party.
Island Blue makes no other warranty and no actions or words of Island Blue or its officers, employees or agents shall constitute a warranty. Island Blue makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Net2Blue print order system, the information contained in the system, the user’s personal information or material and any information transmitted over our system.
Specifically Island Blue shall in no event be liable for any special, consequential, incidental, indirect or similar damages, including without limitation, lost profits or loss or damage related to courier / postal services or improper packaging.
Indemnification of Island Blue
The user represents that it has the legal right to produce all printed materials ordered from Island Blue. User agrees to indemnify and keep indemnified Island Blue, its related companies, firms, affiliates, licensors and licensees, and its respective directors, officers, employees and agents, from and against all actions, suits, claims, demands, liabilities, awards, costs, expenses, loss and damage (including legal fees on a full indemnity basis without limitation) incurred or suffered, or likely to be incurred or suffered, by Island Blue as a direct or indirect consequence of using this site or by wrongful acts of the user or any action based upon / alleging that the printing performed infringes intellectual property rights of third parties or contains matters that are libelous, slanderous, defamatory, scandalous or obscene.
Maintenance of Digital Files
Online Digital Print Retail Store
It is the user's responsibility to maintain a backup copy of their original print-ready files. Island Blue is not responsible for accidental loss or damage to digital files supplied by the user or for errors on supplied digital files furnished by the user. It is specifically understood that using the Online Digital Print Retail Store to place print orders for product or service through Island Blue’s Net2Blue print order system, Island Blue does not maintain the digital file(s) for longer than it takes to produce the final print.
Reorders are possible within 60 days of the original order through the online Order Manager where files are kept in separate storage system with their order details. After 60 days the order must be re-sent/re-created with original artwork by the user.
Privately Branded Stores
Maintenance of digital files is as outlined above, with the exception of static, unchanging files provided by the user to Island Blue for inclusion in the user’s Privately Branded Store. Such files are stored and available for the term of the contract. When the term of the contract expires between the user and Island Blue or the contract is terminated by other means, stored files will be deleted without prejudice.
Approval of Print Proofs
Before Island Blue prints any order request, a proof of the submitted or created digital file must be approved by the user online (soft proof) or by signature on a hard copy proof. Island Blue accepts no responsibility for color variations between submitted print-ready images and the actual artwork or product they represent.
Online or Soft Proofing
Upon upload of digital files for the printing of the product required in the Net2Blue print order system, the user will be prompted to view an online proof. The online proof is by no means an accurate colour representation of the anticipated final printed material (see Hard Copy Proofing for colour accuracy).Colour accuracy is affected by monitor calibration, lighting and use of Pantone© colours (PMS). PMS colours do not always appear as true on screen, therefore the colour seen on screen may not appear as they do in print. At no time is a soft proof displayed online to be held as representative of the final printed colour.
Online or soft proofing is the final opportunity to check the layout, bleeds, crops, and to proof read any text for any typographic errors or incorrect numbers or information. All users must sign acceptance of the soft proof before any online order can proceed to checkout.
Please note Island Blue will not be held responsible for:
- Spelling, punctuation or grammatical errors made by the user.
- Inferior quality of low-resolution images used in the user document.
- Design errors by the user in the document creation process, such as incorrect bleed, incorrect file dimensions or font errors from improper embedding.
- Errors in user-selected options such as choice of finish, quantity or product type.
If the file is printed with these and similar errors, the user is deemed to be held responsible and there will be a full charge including delivery by the user to reprint the order from a new file.
Hard Copy Proofing (Colour Approval)
If colour accuracy is critical to the printed material, a hard copy proof is highly recommended. As the online Net2Blue print order system allows for soft proofing (screen display) only, no hard copy proof will be printed and the online order system cannot be used for same.The user agrees to accept the final printed product based on the representative sample displayed in the soft proof.
Any print order with strict colour requirements must therefore be submitted directly to an Island Blue Customer Service Representative. Colour fidelity warranted by Island Blue is consistent with industry standards for "pleasing colour". We offer no guarantee of "matchprint" or "match-product" colour fidelity. Island Blue cannot prevent slight colour shift throughout an order and does not guarantee colour will match the preview as it appears on any user’s monitor, as we cannot compensate for a colour variance on each user’s display media.
Due to differences in equipment, paper, dry inks and other conditions between color proofing and production runs, a reasonable variation in color [within 10%] between color proofs and the completed job will be deemed acceptable unless otherwise agreed in writing. If colour fidelity is critical to the order, the customer is sent by mail a hard copy proof or same is held at our counter for pickup. The user is required to sign acceptance on the hard proof before work can proceed.
Island Blue’s colour proof is produced on the same equipment as the user’s final print run is completed. Under normal circumstances hard copy proofs are sent through Canada Post within 48 hours after order placement and credit card payment has been accepted. Proofs should be received in the mail within 72 hours, depending on delivery location. As of July 2011, the charge for each colour proof including postage is $9.95.
Return Policy
Since each order is unique to each customer, it has no resale value and therefore all sales are final. If we verify that we have made an error on our end, we will reprint the order at no cost. Customers must notify Island Blue of any errors within 5 business days of notification of order completion or the date it was scheduled to arrive at the final location if shipped.
In order to receive a replacement, the customer must return 100% of the received product within 15 business days from the time delivery was received. All charges relating to expedite printing (Rush Printing or Shipping) are non refundable, including those orders that are returned.
Guarantee Of Workmanship
We guarantee all orders to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the order, issue credit, or process a refund at our discretion.
Privacy
Please see Island Blue’s complete Privacy Statement.
Miscellaneous
Island Blue will not be held responsible for any errors or delays in responding to or fulfilling any order request caused by an incorrect email, shipping address or contact information provided by the client or other technical problems beyond their control, including but not limited to system or power outages.
Intellectual Property Rights
The entire contents of Island Blue’s Net2Blue print order system including but not restricted to templates and logos appearing in the order are subject to copyright protection. You may not copy the contents of this system other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter the contents may not be recopied, reproduced or otherwise redistributed except as expressly provided above. Users may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents or templates contained in this system or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Island Blue. It is further specified that no user of the system is entitled to the templates utilized by the system but only entitled to the material product.
All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Island Blue Print Co. Ltd., its affiliates, related companies or its licensors or joint venture partners unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
Termination
At any time and with or without cause, Island Blue may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending user access to and/or use of the Net2Blue print order system and/or the Services provided by Island Blue. In no event shall any such termination or suspension by Island Blue relieve the user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
A user may terminate these Terms of Use at any time by ceasing to enter the Net2Blue print order system or otherwise taking advantage of or using the printing service.
Effect of Termination
On any expiry or termination of these Terms of Use, Island Blue may delete any websites, web pages, files, graphics, media or other content or material relating to users use of theNet2Blue print order system provided and Island Blue shall have no liability to the user or any person for doing so.
The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defense which shall have accrued or shall thereafter accrue to either party.
General Terms
Variation
Island Blue may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and the user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Island Blue website or otherwise made available and user's continued access and use of the Net2Blue print order system on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using Island Blue’s Net2Blue print order system.
Assignment
Island Blue may at any time transfer, assign, terminate, suspend or otherwise dispose of any or all of its rights or obligations under these Terms of Use without notice to the user.
Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between the user and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on Island Blue’s website. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.