ACCEPTANCE OF TERMS
This Agreement contains the complete terms and conditions that
apply to you in joining, buying, using and all other activities you will make
in accessing the ally-press.com website (“our website”). By accessing our
website, you agree to be bound by these terms and conditions and shall comply
thereof. This Agreement describes and encompasses the entire agreement between
us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to our website, the
content and computer programs provided by or through our website, and the
subject matter of this Agreement.
This Agreement posted on our website reflects the latest agreement
and you should carefully review the same before you use our website. Ally-press.com
reserves the right to change, edit, delete or modify any of the terms and
conditions contained in this Agreement, at any time and at our sole discretion,
without prior notice. YOUR CONTINUED USE OF OUR WEBSITE, VISITING AND SHOPPING
IN OUR WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF ANY SUCH CHANGES,
ALTERATIONS, OR MODIFICATIONS.
USE OF OUR WEBSITE & PROHIBITIONS
Our website allows you to obtain product and service information,
place orders for products and services offered by ally-press.com online.
However, you are prohibited to do the following acts, to wit: (a) use our
website, including its services and or tools if you are not able to form
legally binding contracts, are under the age of 18, or are temporarily or
indefinitely suspended from using our website, services, or tools (b)
collecting information about users’ personal information.
Visiting our website, sending emails to us, or filling out online
forms on our website constitute electronic communications. You consent to
receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically,
via email and on our website, satisfy any legal requirement that such be in
For you to create an account in our site, you must provide current
and accurate information, your full legal name, current address, a valid email
address, and any other information needed in order to complete the signup
process. You also agree to maintain your account information so that it is current
and accurate. You qualify that you are 18 years or older and must be
responsible for keeping your password secure and be responsible for all
activities and contents that are uploaded under your account. You agree to
accept responsibility for all activities that occur under your account or
password. You acknowledge that we are not responsible for third-party access to
your account that results from theft or misappropriation of your account. We
reserve the right to refuse or cancel service, and/or terminate accounts in our
You are solely responsible for any files or materials you upload
or submit to our website. By submitting files or materials to our website, you
are confirming that you have full rights to copy, print, and mail the files and
materials and you are recognizing that the content of the files does not
infringe any intellectual property rights. You agree to indemnify, defend, and hold
harmless ally-press from any claim, suit, or demand.
Artwork files and materials submitted to our website are
considered print-ready and will be printed as is unless a proof has been
ordered. Ally-press.com assumes no obligation to review files or materials submitted
to our website and you are fully responsible for ensuring that their files and
materials are proofed before uploading or submitting files to our website. Your
submission of files and materials to our website confirms your agreement to
print your files or materials “as is”.
If a proof has been ordered, note that color proofs cannot match
the final printed product exactly due to the nature in which proofs are produced
versus the way the final job is produced. All proofs incur additional charges,
and changes after a proof has been produced also incur additional charges.
Customer supplied proofs will not match our proofs or the final produced job.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
Linked sites are not under the control of ally-press.com and we
are not responsible for the content of any linked site.
PAYMENTS AND PROCESSES OF INVOICES
Ally-press.com has the sole discretion to provide the terms of
payment. Unless otherwise agreed, payment must first be received by ally-press.com
prior to the latter’s acceptance of an order. Unless credit term has been
agreed upon, payment for the products shall be made by PayPal. Invoices are due
and payable within the time period noted on your invoice, measured from the
date of the invoice. An order may be invoiced separately. Ally-press.com has
all the discretion to cancel or deny orders. Ally-press.com is not responsible
for pricing, typographical, or other errors in any offer by ally-press.com and
reserves the right to cancel any orders arising from such errors. For orders
where terms have been given, invoices must be paid in full within 30 days of
the invoice date. Ally-press.com reserves the right to charge you a late
penalty charge of 1% per month applied against undisputed overdue amounts or
the maximum rate permitted by law whichever is less. Every 30 days thereafter,
you will continue to be charged an additional late penalty charge.
You have 10 business days from delivery of product, to notify us
of any defects. You must return 100% of product within fifteen (15) business
days, at your expense, from when you have received the product. If we have not heard from you after ten
business days of receiving product, it is considered satisfactory to you and no
refunds or re-prints will be issued. If product is found by us to be defective
as a result from services rendered by us, a credit will be issued or a re-print
of product will be started within 24-48 business hours. If a credit is given to you, this must be
used within six months from date of credit issued.
If you want to cancel orders prior to processing and monies were
dealt with at time of ordering, you will get full refund of your monies. If the processing of the order has started,
the refund monies will be issued minus the services rendered. An order cannot be refunded if order is
cancelled after all services rendered.
RISK OF LOSS
All items purchased from our website are made pursuant to a
shipment contract. The risk of loss and title for such items pass to you upon
our delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS
The price displayed for products on our website represents the
price estimated in accordance with standard industry practice. In cases of incorrectly priced items in our catalogs in which the item's correct price is higher
than our stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of such
We do not warrant that product descriptions or other content of
this site is accurate, complete, reliable, current, or error-free.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for
indirect, special, or consequential damages, or any loss of revenue, profits,
or data, arising in connection with this Agreement or our website, even if we
have been advised of the possibility of such damages. We make no express or
implied warranties or representations with respect to our website or any
products sold and offered in our website (including, without limitation,
warranties of fitness, merchantability, non-infringement, or any implied
warranties arising out of a course of performance, dealing, or trade usage). In
addition, we make no representation that the operation of our website will be
uninterrupted or error-free, and we will not be liable for the consequences of
any interruptions or errors. This site and its information, contents,
materials, products and services are provided on an “as is” and “as available”
basis. You and understand and agree that your use of our website is at your own
You agree not to disclose information you obtain from us, our
website, and or from our clients, advertisers and suppliers. All information
submitted to us by an end-user customer is proprietary information of
ally-press.com. Such customer information is confidential and may not be
disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or
commercially exploit any such proprietary information in any manner.
Failure of ally-press.com to insist upon strict performance of any
of the terms, conditions and covenants hereof shall not be deemed a
relinquishment or waiver of any rights or remedy that the we may have, nor
shall it be construed as a waiver of any subsequent breach of the terms,
conditions or covenants hereof, which terms, conditions and covenants shall
continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof
shall be deemed a waiver of any subsequent or prior breach of the same or any
FILE PREPARATION GUIDELINES
Accepted file formats
– The preferred method for file formats
is a print-ready PDF. We also accept tiff (as a flattened file) and eps files
(with the fonts converted to outlines).
Fonts – Embed fonts in a PDF, flatten tiff files, or
convert fonts to outlines in eps files before submitting any of these file
Full Color – Use CMYK (cyan, magenta, yellow, black) color
mode when creating full color files not RGB or PANTONE. Printing uses the CMYK
color mode, so they will be converted to CMYK during printing. If you are using
RGB or PANTONE color modes your colors will change during this process.
Spot Color – Use the PANTONE color matching system to set
up your spot color files not CMYK. If a file is sent in CMYK, there are
additional charges to correct and your file will not be accepted as
Bleeds – If your image needs to extend to the edge of
your printed sheet, a bleed must be included in your file. We require a bleed
of 1/8” on all four sides. Export a PDF with 1/8” bleeds and without crop marks
or printer’s marks. For example, an 8.5 x 11 brochure with 1/8” bleeds would
give you a final artwork size of 8.75 x 11.25.
Images – Use a minimum resolution of 300 dpi for
images. Lower resolution images will be blurry or pixelated when printed.
Images used from web pages are 72 dpi and are too low resolution for printing.
– These should be submitted as a single
PDF file with multiple pages in the exact order that you want them printed.
Solid black areas or rich black
– Make sure these are a rich black with
the following color values: 40% cyan, 40% magenta, 40% yellow and 100% black.
Note: this is only for large solid black areas, DO NOT use rich black for text
Borders – We do not recommend the use of borders.
However if a border must be used, it must be a minimum of ¼” wide in addition
to including a 1/8” bleed. Please note that it is not possible to guarantee
perfect trimming of borders due to the printing and finishing processes used.
– Using our design templates will assist
you with setting up folded brochures accurately.
– Make sure your critical text and
images are well within the safety line when setting up your artwork for
booklets. Creeping does occur as the inside pages get trimmed more than the
outer pages and there is more of a chance of your artwork being trimmed off.
Increase your safety zone as you design your inside pages.
Post Office Guidelines
– The Post Office has strict guidelines
that must be followed in order to mail using bulk mailing services. You must
make sure that your mail piece follows those guidelines for indicia, address
area, artwork size and aspect ratio.
This Agreement shall be governed by and construed in accordance
with the substantive laws of Michigan, without any reference to
Any dispute, controversy or difference which may arise between the
parties out of, in relation to or in connection with this Agreement is hereby
irrevocably submitted to the exclusive jurisdiction of the courts of Michigan,
to the exclusion of any other courts without giving effect to its conflict of
laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the
subject matter hereof is embodied on this agreement and no other agreement
relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred
to anybody, and any such attempt may result in termination of this Agreement,
without liability to us. However, we may assign this Agreement to any person at
any time without notice.
In the event that any provision of these Terms and Conditions is
found invalid or unenforceable pursuant to any judicial decree or decision,
such provision shall be deemed to apply only to the maximum extent permitted by
law, and the remainder of these Terms and Conditions shall remain valid and
enforceable according to its terms.
Updated May 20, 2012