Terms and Conditions
Last updated: Mar 31, 2023
Please read these Terms and Conditions carefully before using Our Site.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
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.
Account means a unique account created for You to access Our Site or parts of Our Site.
Country refers to: Colorado, United States
Company (referred to as either "PrintGiant", "We", "Us", or "Our" in this Agreement) refers to PrintGiant, LLC, 600 17th St. Suite 2800 Denver, CO 80202.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Site.
Gang-Run Printing is a printing method in which multiple printing projects are placed on a common paper sheet in an effort to reduce printing costs for You and paper waste.
Goods refer to the items offered for sale on the Site.
Job is an individual Good in an Order
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Site.
Site refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and PrintGiant regarding the use of the Site.
Third-party Social Media Service means any services 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 PrintGiant, accessible from https://printgiant.com
You means the individual accessing or using the Site, or PrintGiant, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.
These are the Terms and Conditions governing the use of this Site and the agreement that operates between You and PrintGiant. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Site.
Your access to and use of the Site 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 Site.
By accessing or using the Site 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 Site.
You represent that you are over the age of 18. PrintGiant does not permit those under 18 to use the Site.
Placing Orders for Goods
By placing an Order for Goods through the Site, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Site, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.
By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
CRITICAL COLOR REPRODUCTION INFORMATION
PrintGiant utilizes Gang-Run Printing. 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. PrintGiant accepts no responsibility for color variations between submitted files and the final printed piece achieved from utilizing the Gang-Run Printing process. Under NO circumstances will a reprint be honored for color variations that have occurred during the Gang-Run Printing process. Please request a custom quote for a dedicated print run if You require a more precise printed product.
Prices posted on this Website are subject to change at any time without notice. Submitted quotes are good for 30 days, unless otherwise noted. An estimate not accepted within 30 days may be changed.
Due to the nature of Our workflow and the speed of Our operations, ALL Orders must be prepaid. Payment can be made through various payment methods We have available, such as Visa, MasterCard, Discover, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If Wedo not receive the required authorization, Wewill not be liable for any delay or non-delivery of Your Order.
In the event the details or specifications of an Order 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 workload as these charges must first be individually verified by a human.
PrintGiant 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). PrintGiant also reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. PrintGiant is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. You guarantee the legal title of all matter submitted to PrintGiant for printing and/or publication.
PrintGiant has and assumes no obligation to proof or otherwise review the content or layout of Your Order. Even if a PrintGiant customer service representative has inquired as to the attributes of one of Your prior Orders, You are not entitled nor should You assume that PrintGiant 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. PrintGiant 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. PrintGiant 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.
PrintGiant 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.
In order to receive the discounts associated with PrintGiant's "Coupons" or "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. Specials are only available to eligible customers and specials can be updated at any time without notice.
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 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. If the “Order Cancelation” button is not available, Your Order is not available for cancelation. A minimum charge of $35 + 3% of total Job cost (including 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.
General Refund Policy
Under no circumstances will PrintGiant issue a refund. We only issue store credit.
Under no circumstances will “credit” or “points” be exchanged for cash.
Accuracy of Specifications
Quotes are based on the accuracy of the specifications You provide. PrintGiant 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 PrintGiant are to the Your knowledge correct, and there are no conditions or agreements relating to the Order which are not written or accompanying said Order.
You represent that You have the legal right to produce all printed materials ordered from PrintGiant. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a "Claim") is made or commenced against PrintGiant based upon, relating to or arising from Your alleged wrongful acts, or alleging that the printing performed or product produced by PrintGiant ordered by You: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, You shall indemnify and hold PrintGiant harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending PrintGiant against any such Claim (2.) paying any judgment or award against PrintGiant; and (3.) reimbursing PrintGiant for any legal fees and expenses it reasonably incurs in responding.
It is Your responsibility to maintain a copy of the original computer files, artwork and transparencies. PrintGiant is not responsible for accidental loss or damage to media supplied by You or for errors on supplied artwork furnished by You. Until PrintGiant 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. PrintGiant 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.
When ordered by You, PrintGiant will submit color proofs for Your review and approval. Shipping charges may be assessed when sending a proof via mail, courier, or any other means. To request a proof You must order it through the Website shopping cart system when placing Your print Order. Proofs must be returned to PrintGiant marked "O.K." or "Revised Proof Required" and signed by You. Until the proof is returned, no additional work will be performed. PrintGiant will not be responsible for undetected production errors if:
- Proofs are waived by You;
- The work is printed per Your written OK;
- Requests for changes are communicated verbally.
All requests for changes of any kind must be made in writing to avoid mistakes.
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.
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.
Although We endeavor to ship the quantity ordered, PrintGiant reserves the right to ship within 5% over or under the requested quantity. If a minimum quantity is a necessity, We recommend that You adjust the total quantity ordered to account for the possibility of an under run.
Delivery/3rd Party Shipping/Pickup
Charges for delivery of materials and supplies fromYou or Your supplier to PrintGiant are not included in quotations unless specified. PrintGiant is not responsible for delays and/or damage incurred during shipping. Title for finished work passes to You upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever comes first.
We do not offer a "pickup" option for any Goods at any location. ALL Orders must be shipped by carrier.
Claims for defects, damages, or shortages must be made by You in writing no later than 10 calendar days after delivery. If no such claim is made, PrintGiant and You will understand that the Job has been accepted. By accepting the Job, You acknowledge that PrintGiant's performance has fully satisfied all terms, conditions and specifications. Any disputes on products or services purchased by Your credit card authorization from PrintGiant shall be dealt with between You and PrintGiant.
Right to Subcontract
PrintGiant shall have the right to assign any portion of the work required to another vendor.
We guarantee all Orders to be within "Gang-Run Printing" 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 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.
- The final piece MAY vary up to an 1/8th inch smaller or larger than actual Order size.
- The final piece MAY slide up, down, left, or right 1/16th inch to 1/8th inch in either direction when cutting. 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.
- If files are submitted and do not meet Our bleed specifications, PrintGiant reserves the right to add a border to the artwork.
- If files are submitted in RGB mode, You are authorizing PrintGiant 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 two-sded Job, We will assume that the same file is to be used for both sides.
- We will NOT accept files that are emailed, or mailed on physical media. 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 a reprint.
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.
Print turnaround times displayed on the price calculator page are only estimates. At PrintGiant's discretion, if a Job does not ship by the estimated turnaround, PrintGiant may issue a store credit towards Your next Order, but the customer must request this credit. The amount of the credit is at the discretion of PrintGiant. 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".
PrintGiant may use Your product for samples or advertising purposes.
Any Promotions made available through the Site may be governed by rules that are separate from these Terms.
When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Site.
You are responsible for safeguarding the password that You use to access the Site and for any activities or actions under Your password, whether Your password is with Our Site or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
Intellectual Property Infringement
We respect the intellectual property rights of others and we ask our users to do the same. It is Our policy to respond to any claim that Content posted on the Site infringes a copyright or other intellectual property infringement of any person. We may, in appropriate circumstances and at Our discretion, terminate the profiles or privileges of users who infringe the intellectual property rights of others.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Site, You must submit Your notice in writing to the attention of Our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Site where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact Our copyright agent via email at email@example.com. Upon receipt of a notification, PrintGiant will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged Content from the Site.
PrintGiant and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of PrintGiant and its licensors.
The Site is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PrintGiant.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide PrintGiant. If for any reason such assignment is ineffective, You agree to grant PrintGiant a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Site may contain links to third-party web sites or services that are not owned or controlled by Us.
PrintGiant has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PrintGiant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the Terms and Conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Site will cease immediately. If You wish to terminate Your Account, You can click the “deactivate account” link in your account dashboard or simply discontinue using the Site.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of PrintGiant and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Site.
To the maximum extent permitted by applicable law, in no event shall PrintGiant or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site, third-party software and/or third-party hardware used with the Site, or otherwise in connection with any provision of this Terms), even if PrintGiant or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Site 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, PrintGiant, 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 Site, 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, PrintGiant provides no warranty or undertaking, and makes no representation of any kind that the Site 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 PrintGiant nor any of PrintGiant's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, or the information, content, and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Site; or (iv) that the Site, its servers, the content, or e-mails sent from or on behalf of PrintGiant 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.
If You have any concern or dispute about the Site, You agree to first try to resolve the dispute informally by contacting PrintGiant
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 DENVER, CO and shall be subject to the substantive law of the State of CO. 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.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Site after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Site.
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]
By mail: 600 17th St. Suite 2800 Denver, CO 80202