TERMS AND CONDITIONS
Terms, Conditions, Disclaimers and Privacy
Last updated: Feb, 2021
1. Terms and Conditions
Storage of print files
Digital file storage is provided at no cost for all files printed or managed with our company, and are backed-up as well as stored off-site. We do our very best to back up and archive all of our clients’ work, but cannot guarantee against acts of god, unforeseeable circumstances, or events beyond our control. Image files are always available (at no cost) when you complete your order. Alternatively, we can provide a back-up of your entire archived directory for a small fee (please provide a hard drive or Memory stick of sufficient size). Please keep copies of your own work.
Storage of artist proofs
Artist proofs are filed and archived on site to match to future print orders and offer consistency in print runs. However, we cannot take responsibly for unforeseeable circumstances or events beyond our control for long term storage.
Print colour and quality consistency
Our very best efforts are made to offer constant critical colour and technical accuracy, but due to changes in technology, batch numbers and ink systems, some print results may vary slightly; we cannot be responsible for changing technology or systems.
Canvas Print Size Variation
We cannot guarantee exact sizing for canvas prints due to canvas being a natural product which can shrink slightly when printed and varnished. This may vary according to the atmosphere and subtle nuances of difference in the canvas batches. The measurements cannot, and will not be exact each and every time, as it is for paper prints. Typically this only happens in one direction (width or length) according to the direction of the weave of canvas. The variance is not large, about a 1/8’ “(+/-) per foot maximum. We recommend building your stretcher bars after receiving the printed canvas to have them perfectly match each and every time. Print, measure, build and stretch.
Payment and deposits
You may be required to place a deposit on your order to commence the project. Payment for all print orders are due upon completion. Overdue invoices will be subject to 5% interest per month or portion thereof.
Copyright of your files
As an artist in Canada, you own the copyright on all your original works of art and on all your digital files (unless sold). We follow Canada Copyright laws very seriously, and stand for the rights of artists first. For more information and support see: https://www.carfac.ca. Art Ink Print retains ownership of all design and managed digital image files (as per Canada copyright law).
Discrepancies
We strive to make sure your order is correct and as per request. If there are any concerns about your order, please let us know within two weeks (14 days) of receiving/picking up your package. We will make every effort to correct any discrepancies or quality control concerns. Defective product will be corrected and replaced. Since each order is unique to each customer, it has no resale value and therefore all sales are final.
Online Prices
Pricing on our web site is subject to change. Price guarantees are only honoured if they’ve been delivered as a recent estimate or quote (web form or emailed copy). If in doubt, please contact us for current pricing in written form. Any prices listed on our site are subject to change at any time.
Quotations/Estimate
Prices posted on our web site system are subject to change without notice. Prices quoted online are subject to any additional sales tax required by law, as well as shipping costs or other ancillary charges that may apply.
Written estimates for any print product or service are applicable for 30 days from the date of estimate. An estimate not accepted within the 30 days will be honoured only at the discretion of Art Ink Print.
Quotations / Estimates for all print products or services not listed on our web site order system will be 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 Art Ink Print’s customer service representative before proceeding with the print order, to be agreed upon by the customer.
Cancellations
If an order must be cancelled, the user must contact an Art Ink Print sale representative by phone during working hours at 250-888-2621 along with an email to sales@artinkprint.ca explaining the reason for the print order cancellation. If billable work has not started on the order, Art Ink Print 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 the applicable charges. If the order has been sent to print, the user is responsible for payment of the full billable amount.
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 the order is not usable due to a mistake by Art Ink Print, we will reprint the order at no cost. Customers must notify Art Ink Print of any errors within 14 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 and of the highest quality. 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.
Hard Copy Proofing (Colour Approval)
Colour accuracy is critical to the printed material, hard copy proofing is our standard procedure. We cannot print a job unless a hard proof is printed and accepted. The user agrees to accept the final printed product based on the accepted approved hard proof.
Colour fidelity warranted by Art Ink Print is consistently higher than the industry standards for “pleasing colour”. We offer a guarantee of “match-print” or “match-product” colour fidelity (with-in technical abilities). Art Ink Print does not guarantee colour will match any user’s monitor, as we cannot compensate for a colour variance on each user’s display media since there are no industry standards for monitor colours.
Due to differences in equipment, paper, dry inks, and other conditions between color proofing and production runs, a reasonable variation in colour (10% for digital and 5% for giclee) between colour proofs and the completed job will be deemed acceptable unless otherwise agreed in writing. The user is required to sign and accept the hard proof before work can proceed.
We Reserve the Right to Refuse Service
We reserve the right to refuse service to individuals or groups who engage in violent behaviour, outbursts, profanity, discrimination, or aggression to staff, or who fail to follow/ abide by our terms and conditions listed above.
2. Disclaimer
Scope and Purpose of this Disclaimer
This disclaimer document governs your use of our informational website. By using the website located at www.artinkprint.ca or www.artinkprint.com and it’s subdirectories, you agree to, and accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website or our services, as that condition prohibits you from doing so. Art Ink Print reserves the right to modify these terms at any time, and thus, you should check for changes before proceeding to utilize the services and content of www.artinkprint.ca. By using this site after changes have been made to this document, you agree to accept those changes.
Rights to information published
All materials on this site are protected by copyright and intellectual property laws and are the property of Art ink Print. Unless stated otherwise, you may access and download the materials located on www.artinkprint.ca only for personal, non-commercial use. You may not reproduce this material on your personal website, blog, social network, or any other online resource.
Any and all content (including user and visitor generated content) submitted either via email, comment forms, or any other page hosted at www.artinkprint.ca or its content aggregation systems becomes the property of Art Ink Print. Art Ink Print reserves the right to alter, remove, re-post, re-purpose, market, or trade any such content.
Our Rights to remove or decline a print order
For the purposes of this condition, the term “user-generated material” shall refer to any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to www.artinkprint.ca via any method at any page on www.artinkprint.ca or any other content communication or submission medium or forum.
Upon using our services you confirm that your contribution (submitted art) is your own original work, is not defamatory and does not infringe upon any laws of the country from which you are utilizing this site, nor the laws of Canada, and that you have the full rights to accept this condition.
Site content (quality, accuracy and use)
Visitors who use this website and rely on any information do so at their own risk.
This Web site and the attached documents are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Information found at www.artinkprint.ca will not always be up to date and cannot necessarily be relied upon.
The information is intended solely for helpful purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on this website without first consulting with a qualified professional. They are not intended to be nor do they constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between www.artinkprint.ca (Art Ink Print) and you.
By using this website, you hereby forfeit any and all claims, past, present, and future, against the owners, editors, contributors, administrators, and other staff of www.artinkprint.ca (Art Ink Print web property).
Restrictions on who can use the website
If you are under 18, please get a parent’s or guardian’s permission before taking part in any www.artinkprint.ca community. Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
By visiting any page at www.artinkprint.ca you understand that “adult” content may be encountered that is not suitable for children. You must be at least 18 years of age or have a parent/guardian present while viewing any page or other correspondence or content from the www.artinkprint.ca website, (which includes all content and code from any page hosted at or within www.artinkprint.ca, or any content or code relating to or from this site that was transmitted via email or other means). www.artinkprint.ca (or it’s parent, Art Ink Print) can not be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing, of any sort of content on this site.
External links – limiting liability for links to other web sites
We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.
The Actions and Opinions of Other Users
You must not use this website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. We accept no responsibility for any loss or harm incurred from the use of this website or any of it’s information or content.
Viruses, Damage and Availability
www.artinkprint.ca (or it’s parent, Art Ink Print) makes no warranty or claim that functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from this website.
Legal jurisdiction
The Federal laws of Canada and the Provincial laws of British Columbia shall otherwise govern your use of the site where these terms and conditions are not clear or incomplete and you hereby agree to submit to the exclusive jurisdiction of the Canadian Federal and Provincial court system.
Limited Liability
www.artinkprint.ca, (and it’s parent, Art Ink Print) and its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any content, information, function, or service of Art Ink Print at any location within www.artinkprint.ca or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence). Though we make a reasonable effort to maintain the resources of this website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. As noted above, by using this website and our services you agree that following any instruction, suggestion, step, list, tutorial, or other content on this website or any of its content posted elsewhere will be undertaken at your own risk. We advise you to consult with a professional beforehand.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, Province, national, or international laws.
3. PRIVACY POLICY
LAST UPDATE OF THIS PRIVACY POLICY – [January 2021]
BEFORE USING OUR SITES, PLEASE READ THIS PRIVACY POLICY CAREFULLY.
This Privacy Policy is applicable to Art Ink Print and sets out our policy on the gathering and use of information on this site and our business location. The Company is committed to providing a safe web site for visitors of all ages and has implemented this Privacy Policy to demonstrate our firm commitment to your privacy. The Company complies with Canadian Federal and Provincial privacy laws and regulations including the Personal Information and Electronic Documents Act.
There may be links from our Site to other web sites; note that this Privacy Policy applies only to our Site and not to web sites of other companies or organizations to which our Site may be linked. You must check on any linked sites for the privacy policy that applies to that site and/or make any necessary inquiries in respect of that privacy policy with the operator of the linked site. These links to third party websites are provided as a convenience and are for informational purposes only. The Company does not endorse, and is not responsible for, these linked websites.
Although you are not required to register to access our site(s), you may be asked to provide us with personal information when you visit certain sections of our site. Your use of our site signifies your acknowledgement and consent to our Privacy Policy. If you do not agree to this Privacy Policy, please do not continue to use our site. Your continued use of the Sites signifies your acceptance of these terms and any changes in effect at the time of use.
COLLECTION OF PERSONAL INFORMATION
Personal Information is information about you that identifies you as an individual, for example your name, address, e-mail address or telephone number.
We collect information that you voluntarily provide to us through responses to orders, shipments, surveys, search functions, questionnaires, feedback, Tell Your Story forms, reviews and the like. We may also ask you to provide additional information such as your e-mail address if you want to obtain additional services, information, estimates, general questions, or complete your account set-up.
HOW DOES OUR COMPANY USE INFORMATION GATHERED ABOUT ONLINE VISITORS?
Before forwarding us any personal information, please be advised that any information gathered on our Site may be used in the aggregate for research and development relating to our Site and/or for future site development and, if requested, to send you promotional or proofing materials. In particular, we may use information gathered about you for the following purposes: to monitor interest in our range of products and to assist us to tailor the content of our site to your needs by collecting information about your preferences through tracking of patterns page views on our Site; to create a profile relating to you in order to show you the content that might be of interest to you and to display the content according to your preferences; and, in circumstances where you have indicated that you wish to receive additional information, to send you information about us, and promotional material about our products together with details of any offers we may have available from time to time.
PROMOTIONAL AND INFORMATIONAL OFFERS
With the permission of an online visitor, information submitted at the time of registration or submission may be used for marketing and promotional purposes by the Company, provided notice of this fact is made available online. If a visitor objects to such use for any reason, he/she may prevent that use, either per e-mail request, or by modifying the registration information provided. The Company uses reasonable efforts to maintain visitors’ information in a secure environment. If you have submitted personal information and want to change it or opt out, please contact us as described below.
DISCLOSURE OF INFORMATION
The Company will not disclose personal information that you provide on its Site to any third parties other than to a Company agent, except: i) in accordance with the terms of this Privacy Policy, or ii) to comply with legal requirements such as a law, regulation, warrant, subpoena or court order, and/or iii) if you are reporting an adverse event/side effect, in which case the Company may be required to disclose such information to bodies such as, but not limited to, Canadian and/or international regulatory authorities. Please note that any of these disclosures may involve the storage or processing of personal information outside of Canada and may therefore be subject to different privacy laws than those applicable in Canada, including laws that require the disclosure of personal information to governmental authorities under circumstances that are different than those that apply in Canada.
COOKIES
The Company, in common with many web site operators, may use standard technology called “cookies” on its Site. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Site may not function properly if you do so.
ADDITIONAL TERMS FOR CERTAIN WEBSITES
The following additional information applies to our Site that require registration or creating an account. Generally, you are not required to provide personal information as a condition of using our Site, except as may be necessary to provide you with a product or service that you have requested.
PROTECTION OF INFORMATION:
Our Commitment to Security. We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. The Company applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis.
STORAGE OF INFORMATION
Personal information you share with us is stored on our database servers at Company data centers (in whatever country they may be located), or hosted by third parties who have entered into agreements with us that require them to observe our Privacy Policy.
STORAGE OF IMAGE FILES
Image files submitted for printing are securely stored and archived on (and off) site for consistent reproduction management of your files. We cannot guarantee indefinite file storage.
POLICY CHANGE:
If we alter our Privacy Policy, any changes will be posted on this page of our Site so that you are always informed about the information we collect, how it’s used, and the circumstances under which it may be disclosed.
ACCEPTANCE OF OUR PRIVACY POLICY:
By using this Site, you signify your acceptance of our Privacy Policy and you adhere to the terms and conditions posted on the Site. By submitting your information, you agree that it will be governed by our Privacy Policy.
4. Copyright Statement
Copyright © Art Ink Print 2008 – 2021 – All Rights Reserved
All files and information contained in this Website or Blog are copyright by Art Ink Print, and may not be duplicated, copied, modified or adapted in any way without our written permission. Our Website or Blog may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Blog or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Art Ink Print. Our Content, as found within our Website, Blog and Services, is protected under Canadian and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
We follow Canada Copyright laws very seriously, and stand for the rights of artists. For more information and support see: https://www.carfac.ca
Definitions
For the purposes of these Terms and Conditions:
“Affiliate” means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: British Columbia, Canada
“Company” (referred to as either “the Company”, “Art Ink”, “Art Ink Print”, “We”, “Us” or “Our” in this Agreement) refers to Art Ink Print, 604 Yates Street.
“Device” means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
“Service” refers to the Website and our physical shop.
“Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
“Third-party Social Media Service” means any service or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“Website” refers to Art Ink Print’s website, accessible from https://artinkprint.ca
“You” means the individual accessing or using the Service, the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of, and compliance with, these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information.