Terms and Conditions
By Placing An Order On smashmedianyc.com, You Agree To The Following Terms:
CRITICAL COLOR REPRODUCTION INFORMATION
Smash Media utilizes a process of printing referred to as "Gang-Run Printing" which provides affordable four-color printing. "Gang-Run Printing" will group your job with other jobs allowing overall production costs and expenses to be shared with our other customers.
Because of variances in paper, equipment, inks, and other conditions between color proofing and production pressroom operations, a "pleasing color" [as determined by generally accepted trade technical methods] is to be expected with gang-run printing. When such a variation occurs, it will be considered acceptable performance. Smash Media accepts no responsibility for color variations between submitted files and the final printed piece achieved from utilizing the gang-run process. Under NO circumstances will a reprint be honored for color variations that have occurred during the gang-run printing process. If you require a more precise printed product please request a custom quote. By placing an order you are agreeing to all of our terms and conditions.
Prices posted on this website are subject to change without notice. Written estimates are good for 30 days. An estimate not accepted within 30 days may be changed.
2. Payment Terms
ALL orders must be prepaid due to the speed of our turnaround. In the event the details of an order/job have been modified and an unpaid balance is created, the card used to place the original order will be charged. Charges typically will occur within 24-48 hours of the modification, but can take up to 45 days depending on our current workload as these charges must first be individually verified by a human.
3. Late Payments
All payments that are not received within 30 days from when the order was placed or by agreed upon date will be assessed a 20% late payment charge.
smashmedianyc.com reserves the right to upgrade the coating or quantity, at no additional charge, for any product ordered (excluding mailer pieces or unless otherwise stated in the details/special instructions). smashmedianyc.com also reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. smashmedianyc.com is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to smashmedianyc.com for printing and/or publication.
5. Order Approval/Proofing
smashmedianyc.com has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a smashmedianyc.com customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that smashmedianyc.com will review any other order you place. Orders are printed in their "as submitted" form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. smashmedianyc.com DOES NOT make any changes on customer files. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. smashmedianyc.com will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.
smashmedianyc.com does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc).
If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.
6. Flyer Tagging
Smash Media reserves the right to place a tag similar to "Printed by smashmedianyc.com" on the printed material unless customer states that they would prefer it not to appear when initially placing order. There may be a fee added if you elect not to have a tag placed on your flyer. Under no circumstances will Smash Media tag business cards or reseller accounts.
7. Current Specials
In order to receive the discounts associated with Smash Media's "Current Specials", you must input the appropriate/relevant promotion code when placing your order. If you do not input the appropriate/relevant promotion code, you WILL NOT receive a discount and discounts will not be applied retroactively after the order has been placed. If participating in company specials or receiving discounts, you agree to be a member of our mailing list; if you are not already and you also agree to authorize Smash Media to tag your printed flyer (see section 4) unless you are a reseller or otherwise agreed upon.
Specials are only available to eligible customers and specials can be updated at any time.
Cancelled 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 the same business day you place your order. The cancellation must occur before the cutoff time that applies to your order and the related product(s) that were ordered. A minimum charge of $35 + 3% of total job cost (includes shipping) is applied to jobs canceled. No refunds will be issued for orders cancelled after the business day order was placed. In those instances we will issue store credit.
9. General Refund Policy
Under no circumstances will Smash Media issue a refund. We only issue store credit.
10. Credit Card Forced Refund/Chargeback Policy
All credit card issues and/or disputes on products or services purchased by your credit card authorization from smashmedianyc.com shall be dealt with between the customer and smashmedianyc.com. By agreeing to these terms and conditions the customer agrees to never chargeback a purchase for any reason.
11. Store Credit
Under no circumstances will store credit be exchanged for cash. Store credit may not be combined with any current specials or other promotion.
12. Accuracy of Specifications
Quotations are based on the accuracy of the specifications provided. smashmedianyc.com can re-quote a job at the time of submission if the art does not conform to the information on which the original estimate was based. Orders placed with smashmedianyc.com are to the client's knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order.
smashmedianyc.com's liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. smashmedianyc.com warrants that every product manufactured meets the industry standard for that such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. smashmedianyc.com makes no other warranty and no actions or words of smashmedianyc.com or its officers, employees or agents shall constitute a warranty.
14. Governing Law and Arbitration
Any dispute between any of the parties hereto or any claim by a party against another party arising out of or relating to this Agreement or any alleged breach thereof, shall be determined by arbitration in accordance with the commercial arbitration rules then in force with the American Arbitration Association. The arbitration shall be conducted in Staten Island, NY and shall be subject to the substantive law of the State of NY. The decision rendered by the arbitrator shall be accompanied by a written opinion in support thereof and shall be final, conclusive and binding upon the parties in the dispute without right of appeal. Judgment upon any such decision may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the decision of an order of enforcement, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the parties against whom enforcement is ordered. The fees and expenses of such arbitration shall be borne by the non-prevailing party, as determined by such arbitration.
The customer represents that it has the legal right to produce all printed materials ordered from smashmedianyc.com. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a "Claim") is made or commenced against smashmedianyc.com based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by smashmedianyc.com ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold smashmedianyc.com harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending smashmedianyc.com against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing smashmedianyc.com for any legal fees and expenses it reasonably incurs in responding.
16. Electronic Manuscripts/Images
It is the client's responsibility to maintain a copy of the original computer files, artwork and transparencies. smashmedianyc.com is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until smashmedianyc.com can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at our current rates. smashmedianyc.com does not archive your work for longer than it takes to produce the final product. Please save your work!
Client alterations must be specified in writing and must include all corrections or changes from the original specifications. Such work will be charged at our current design rate.
18. Prepress/Hardcopy Proofs
When ordered by the customer, smashmedianyc.com will submit color proofs for the customer's review and approval. Shipping charges may be assessed when sending a proof via mail, courier or any means other then pickup. To request a proof you must order it through the website shopping cart system when placing your print order. Proofs must be returned to smashmedianyc.com marked "O.K." or "Revised Proof Required" and signed by the customer. Until the proof is returned, no additional work will be performed. smashmedianyc.com will not be responsible for undetected production errors if:
- Proofs are waived by the client;
- The work is printed per the client's written OK;
- Requests for changes are communicated verbally.
All requests for changes of any kind must be made in writing to avoid mistakes.
19. Color Proofing
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a "pleasing color" variation between color proofs and the completed job [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance.
The generally accepted trade practice is plus or minus 10%.
21. Delivery/3rd Party Shipping/Pickup
Charges for delivery of materials and supplies from the client or the client's supplier to smashmedianyc.com are not included in quotations unless specified. smashmedianyc.com is not responsible for delays and/or damage incurred during shipping. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever comes first. If the "pickup" option is selected when the order is originally placed you will have 15 calendar days to retrieve materials. If more than 15 calendar days elapses the order is considered abandoned and Smash Media has the right to discard materials, unless otherwise agreed upon in writing. Orders that have delivery or shipping selected will be shipped immediately upon completion. Shipping carriers visit our plant mon-fri (4pm-6pm) and pickup completed orders, exceptions are holidays or if the office is closed due to inclement weather. If your order is not ready by the time the shipping carrier visits our plant, your order will be picked up the following business day. Airline cargo is handled differently, as we take those orders directly to the airport. If you will be picking up your order on a Saturday, please be aware Saturday pickup is a courtesy service and is by appointment only. If Saturday pickup is available you will be contacted prior to Saturday and be given an exact time that someone will be available; please be aware Saturday pickup is a courtesy service and is by appointment only.
Claims for defects, damages, or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made, smashmedianyc.com and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that smashmedianyc.com's performance has fully satisfied all terms, conditions and specifications. Any disputes on products or services purchased by your credit card authorization from smashmedianyc.com shall be dealt with between the customer and smashmedianyc.com.
23. Right to Subcontract
smashmedianyc.com shall have the right to assign any portion of the work required to another vendor.
24. Workmanship Guarantee
We guarantee all orders to be within "gang run" specs and to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the job or issue the customer a credit at our discretion.
- Print turnaround is based from when production begins.
- When placing an order we will print the corresponding size that is selected unless otherwise stated in the details/special instructions. (if you can not find your desired size, please pick the next size up i.e. if you want a 4x4 flyer you would select "CD Insert (4.75 x 4.75)" and note in the special instructions that you want a 4x4.
- The final piece MAY be up to an 1/8th inch smaller or larger than actual order size unless exact size is selected.
- The final piece MAY slide up, down, left, or right 1/16th inch to 1/8th inch in either direction. So we strongly recommend that you DO NOT use borders in your artwork.
- The final piece MAY be cut slightly uneven, 0 to 10 degree shifts are considered acceptable.
- When reordering, colors MAY be slightly different then original order. (unless a proof is purchased and color matching is purchased for an additional fee).
- If files are submitted and do not meet our bleed specifications, Smash Media reserves the right to add a border to the artwork.
- If files are submitted in RGB mode, you are authorizing Smash Media to convert the file(s) to CMYK mode. (converting files from RGB to CMYK may cause color shifting as well as other undesirable results).
- If we only receive one file for a job we will assume that file is to be used for side 1 and side two is blank, unless otherwise stated.
- We will NOT accept files that are emailed. All orders MUST be placed through the website.
If for any reason we must reprint a job, we MUST use the original files uploaded. Under no circumstances will we accept new files for the reprint.
26. Turnaround Estimate
Purchasing non-standard upgraded turnaround should NOT be construed as a guarantee and does not apply to any additional production. Additional production includes, but is not limited to folding, scoring, perforating, die-cutting and drilling. (please see section 23., sub category a. for more information on when printing occurs.
Print turnaround times displayed on the price calculator page are only estimates. At Smash Media's discretion, if a job does ship by the estimated turnaround, Smash Media may issue a store credit towards the customer's next order, but the customer must request this credit. The amount of the credit is at the discretion of Smash Media. Resellers do not qualify for store credit. Exceptions to the issuance of store credit include, but are not limited to equipment failure/power outages, 3rd party shipping errors and "acts of god".
27. Privacy Statement
Please click here to view our privacy and security policy
smashmedianyc.com may use your product for samples or advertising purposes.
Our name will appear as "smashmedianyc.com or Smash Media" on your credit card statement.
30. Billing Penalties
There will be a charge for all returned checks
31. Inkjet Proofs
Inkjet and laser prints are known to look substantially different than offset printing. We offer quick turnaround and low prices by printing to a "pleasing color" standard, using standard ink densities. There is no guarantee that your finished piece will match your printed proof. This is due to the varying results from different output devices including inkjet printers, continuous tone proofing devices, and film-based proofs.
32. Changes to our Terms & Conditions Policy
smashmedianyc.com may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we state otherwise.