Terms and Conditions
Welcome to YESgraphic.com. This Web site is provided by Groundswell Communications, LLC (referred to throughout this Web site as “YES Graphic”) as a service to our customers. Please review the following basic rules that govern your use of the YESgraphic.com site. Please note that your use of the YESgraphic.com site (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions. YES Graphic reserves the right to update or modify these Terms and Conditions at any time without prior notice to you, and we encourage you to review these Terms and Conditions whenever you use this Site.
Section A of these Terms and Conditions applies specifically to orders placed with YES Graphic. Section B of these Terms and Conditions applies to all products and services available through the Site.
Section A Terms and Conditions of Order
The YES Graphic Satisfaction Guarantee
YES Graphic stands behind the quality of its products and services. If you are not 100% satisfied with your purchase from us, simply contact Customer Service by phone at 732-455-5672 within 30 days from the date you receive it (or the date it was scheduled to arrive), and we will work with you to reach a resolution that you are happy with. In some cases, we may refund the full price of the product(s) in question, excluding shipping, postage, processing costs, or any custom work-for-hire executed by YES Graphic.
YES Graphic is committed to customer satisfaction, and we do everything possible to ensure proper cutting, accurate color reproduction, excellent printing quality, etc. However, certain circumstances are beyond our control and are not covered by this guarantee. Please note that we cannot be responsible for:
- Spelling, punctuation, or grammatical errors made by the customer, and not corrected via proofing.
- Inferior quality or low-resolution of uploaded images.
- Design errors or color selection errors introduced by the customer in the artwork file creation process.
- Errors in user-selected options such product type, size, finishing options, or quantity.
- Incorrect requested sizing of garments.
- Damage to the products arising after delivery to the customer.
- Duplicate orders by the customer.
- Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services in files provided by customers.
- Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by the customer.
This guarantee is also subject to a few other terms and conditions:
- Full refund guarantee does not apply to shipping claims.
- We reserve the right to have you return the original order, at our cost, before reprinting or refunding your order.
- Color match, cutting and folding tolerances are guaranteed to be within industry standards (CMYK,or standard Pantone Matching System colors where applicable) for pleasing color and tolerances published within our website.
- This guarantee is limited to reprint of the original order quantity or refund of the purchase price of the order. We are not responsible for any damages or claims incurred by you or your business caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date.
- This guarantee does not cover fees for mailing service or postage or associated incidental or consequential damages or claims.YES Graphic is not liable for U.S. Postal Service errors, including loss or delay.
- Please preview your designs carefully and correct any issues prior to placing your order.
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping and processing fees will automatically be charged to the credit card or paid by User with an approved payment method. Such amounts will be posted on this Site.
Once a print job has been approved by customer and “sent to press”, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to YES Graphic’s prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes, shipping, and processing fees, unless otherwise noted. In some cases, a refund may be extended to the customer if no work has been done by YES Graphic on that print job.
Please note that no work will proceed on any print job in your order until full payment or other previously agreed to payment schedule is received by YES Graphic.
All purchase requests must be submitted with an approved payment method unless otherwise expressly stated. Approved payment methods include any of the following methods: cash, check, or credit card. Payment via credit card on orders over $500 will incur a 3% service charge, which is a cost-recovery rate.
Our Sales Tax Policy
YES Graphic is required to collect sales tax on purchases shipped to any state(s) where sales tax is applicable. Sales Tax will be calculated based on the printing and finishing product subtotal.
If tax was charged on your order and you would like to claim tax-exempt status, you can request an adjustment for the amount of sales tax charged by sending in documentation of your tax-exempt status. Before or after placing your order through the Site, please fax a copy of your tax-exempt certificate along with your order number to the attention of the Credit department at (732) 455-5673. After receiving your certificate, we will send you a confirmation Email.
Color Accuracy and Hardcopy Proofs
YES Graphic will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements.
The accuracy of each color reproduction (of the final printed product) is guaranteed to be within 90% of the final proof you approved or YES Graphic will consider reprinting your job. Please note that YES Graphic cannot guarantee color reproduction for your print-ready files if you: (a) did not request a hardcopy proof; or (b) purchased a product that does not feature a hardcopy proof option. Please note that we accept no responsibility for color variations between submitted print-ready images and the actual artwork or product they represent.
If you want more than one Hardcopy proof per job, we reserve the right to charge an additional $15 per page (for booklets and other multi-page products) or an additional $15 per proof (for all other products).
Our prepress department checks most artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to YES Graphic. As postal regulations are subject to change, you are also 100% responsible for complying with current mailing restrictions for your layouts. Check with your local Post Office. Please note that we have created file preparation guidelines and product templates to assist you in creating print-ready files, and we also offer file preparation support services.
You certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.
Printing Turnaround Time
Printing turnaround time begins once your order has been placed and your print-ready files have been uploaded to your account, attached to your printing job, and approved for printing. If you ordered a next day hardcopy proof or standard hardcopy proof, printing turnaround time begins when we receive approval for your proof. Please note that if we are unable to print your files because they do not conform to our file requirements, your job status will return to “Need Artwork” and your printing turnaround time will be reset.
For printing jobs that do not have complete digital source files provided, printing turnaround begins when we have your print-ready file(s) for your print job, not from when the order is first submitted.
If your job or proof is approved by 6:00 P.M. PST ( 9:00 P.M. EST ), printing turnaround time begins that business day. For example, a job for three-day printing turnaround that you approved by 1:00 P.M. PST on Tuesday will be shipped out to you by end of business Friday. Please note that YES Graphic offices are closed Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, printing turnaround time does not include shipping transit time, and you should allow additional business days for delivery based on the shipping method you selected.
To qualify for same day printing turnaround time for club card flyer product, your order must be placed, all files uploaded, and all files approved by 9:00 A.M. PST ( 7:00 A.M. EST ). If an order qualifies for same day printing turnaround, it will be shipped or ready for pick up by 5:00 P.M. PST ( 5:00 P.M. EST ) the same business day. Orders with same day printing turnaround placed on Saturdays, Sundays or Holidays will be processed on the next business day.
Printing turnaround time for jobs with approved payment and accepted print-ready files is guaranteed. The remedy for failing to meet a deadline is limited to a refund of any rush charges or a courtesy rush on your next order. Cancellation of an order based on printing turnaround time is only allowed if the customer indicates in writing (e.g., note posted to order) when placing the original order that a job in the order is time sensitive and must be shipped by target date based on printing turnaround option selected.
Unless you choose Pick Up or Mailing Services, you need to select one of the shipping options presented to you on the Site.
All shipping except Special COD is currently done via UPS. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by UPS. For instance, a product shipped 2 nd Day Air and picked up on a Thursday would be delivered by end of day Monday.
For Special COD delivery (i.e., Air Cargo, Greyhound, or other shipping methods), there is a processing fee paid to YES Graphic at time of purchase for making all necessary arrangements with the carrier. In addition, the customer pays the shipping charge at time of delivery. The Special COD shipping charge is set by the carrier, and orders shipped by COD must be picked up at the carrierâ€™s location. Delivery to your door is not included or available when you select Special COD shipping options.
Shipping transit times vary, and YES Graphic assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
Pick Up orders will be held for 30 days at our facility. After 30 days, we will recycle your order.
You agree that shipping terms for all YES Graphic products are shipped â€œFreight On Board Shipping Pointâ€ or â€œF.O.B. Shipping Point” â€“ Title and Risk of loss transfers to you at time of shipment or pickup.
Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. If you are requesting a Hardcopy Proof, we already factor in additional time to reach your target date. For Standard Hardcopy Proof, expect approximately six business days to receive and approve your proof. For Next Day Hardcopy Proof, expect two business days. Both printing and shipping times are based on business days only and do not include weekends or holidays.
For example, a product with a printing turnaround time of two business days and a shipping method of 2 nd Day Air would have a target arrival date four business days after your files have been received by us.
The cut off time for accepting files is 6:00 P.M. PST ( 9:00 P.M. EST ). If your files are in by that time, we will commit to printing and shipping your product within the selected timeframe.
Please understand that target arrival dates are estimates, not guarantees. While we will do everything in our power to meet your target arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.
All sales are final, unless otherwise noted. No refunds are given once YES Graphic begins working on your order, which means YES Graphic has received your necessary materials (i.e., digital files and payment) and started work on your job (i.e., your job is in production).
Within 30 days of purchase, a partial or full refund may be extended to the customer if no work has been completed. Please note that such refund would be reduced to cover any fees charged for proofs, processing or other services associated with that order.
All materials we create in producing your printed product are the property of YES Graphic. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that photos of your printed product or images used for your printed product may be used for YES Graphic marketing or advertising purposes.
Section B General Terms and Conditions
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of YES Graphic and/or various third-party providers (“Providers”). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Corporate Identification and Trademarks
YES Graphic.com, YES Graphic, and any and all other marks appearing on this Site are trademarks of Groundswell Communications, LLC in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without YES Graphic’s prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. YES Graphic prohibits the use of Trademarks as a “hot” link on, or to, any other Web site unless establishment of such a link is pre-approved by YES Graphic in writing.
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by YES Graphic. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without YES Graphic’s prior written consent is prohibited.
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future YES Graphic programs. Also, please remember that you are responsible for whatever material you submit and that you, not YES Graphic, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of YES Graphic.
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YES Graphicâ€”INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”)â€”BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by YES Graphic for making a Request.
Some states to the extent their law might be deemed to apply, notwithstanding the selection of California law as described (below)â€”do not allow the limitation of liability, so the foregoing limitations might not apply to you.
You agree to defend, indemnify and hold harmless YES Graphic and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.
If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party’s or the User’s failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of YES Graphic. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to YES Graphic, and are neither its employees nor agents.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.
The internal laws of the State of New Jersey shall govern the performance of these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Monmouth County, New Jersey for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.