Legal Information

Payments

MasterCard, Visa, Discover, American Express or company check accepted.
We can also offer Net 30 terms for corporate accounts pending credit application approval.

Quotation

Upon quotation the prices quoted remain in effect for 30 days.

Client’s Property

Digital City Marketing will only maintain fire and extended coverage on goods belonging to the client while the property is in Digital City Marketing possession. Liability for this property cannot exceed the amount recoverable from the insurance. Additional insurance coverage is available if it is requested in writing, and if the premium is paid to Digital City Marketing prior to transfer of goods.

Electronic Manuscript or Image

It is the responsibility of the client to maintain an original copy of the file. No responsibility for accidental damage to media supplied by the client or for the accuracy of furnished input or final input shall be held by Digital City Marketing. Until digital input can be assessed by Digital City Marketing, no claims or commitments are made about Digital City Marketing’s ability to work with orders submitted in digital format, and no liability is assumed for issues that may arise. Any additional translating, editing, or programming needed to use client-supplied files may be payable to Digital City Marketing.

Terms/Claims/Liens

Payment is due net cash in calendar days from date shown on invoice or as specified. Claims for defects, damages or shortages must be submitted by the client in writing no later than 5 days after said delivery. If no such claim is made, Digital City Marketing and the client will be of mutual understanding that the job has been accepted. Upon acceptance, the client acknowledges that Digital City Marketing’s fulfillment of the order has fully satisfied all terms, conditions and specifications.
Digital City Marketing’s liability will be limited to the said quoted selling price of defective goods. No further charges for special or consequential damage or as specified will be considered. As payment security of any amount due under the terms of an agreement, Digital City Marketing has the right to hold and place a lien on all client property in its possession. This right is applicable even when credit has been extended, notes have been accepted, trade acceptances have been made, or in the case of guaranteed payment. If payment is not received, the client is liable for all collection costs incurred.

Taxes

All dollar amounts due for taxes and assessments may be charged to the client’s invoice and are the sole responsibility of said client. Tax exemption will not be granted unless the customer’s Exemption Certificate (or other official proof of exemption) accompanies the original purchase order. Furthermore, in a case where the client has paid the invoice, and it is subsequently determined that more tax is due, the client must promptly remit the required taxes to the taxing authority, or immediately reimburse Digital City Marketing for any additional taxes paid.

Indemnification

Agreement by client to protect Digital City Marketing from any potential economic loss and/or any other harmful consequences that could arise in connection with the work performed. The client shall hold the provider harmless and save, indemnify, and otherwise defend him/her against any liability including: claims, demands, actions, and proceedings on any and all grounds. This shall remain in effect regardless of responsibility for negligence.

Pre-press Proofs

Upon request, Digital City Marketing will submit prepress proofs for the client’s review and consent. Corrections will be returned to Digital City Marketing on a master set marked ‘OK’, ‘OK With Corrections’, or ‘Revised Proof Required’ and shall be signed by the client. No additional work will be performed, until the master set is received. Digital City Marketing will not be held responsible for unnoticed production errors if:

  • Client did not request proof
  • The client okayed the proof
  • Changes were requested orally

Color Proofing

A color proof is used to approximate how the printed work will look. Differences in equipment, paper, inks, and other conditions exist between color proofing and production pressroom operations. Hence, a reasonable variation in color between color proofs and the final job is to be expected. When variation of this nature occurs, it will be rendered as acceptable performance and the proof becomes a contract between the client and supplier.

Copyright Policy

The client warrants that the work to be printed is not held in copyright by a third party. The client furthermore recognizes copyright law. Such as, that certain subject matter does not have to bear a copyright notice in order to be protected by copyright law. As such, absence of such notice does not necessarily assure a legal right to reproduce or copy the image. The client further warrants that no copyright notice has been obliterated from any material utilized in preparing the subject matter for reproduction. To support these warranties, the client agrees to indemnify Digital City Marketing harmless for all liability, damages, and attorney fees that may henceforth be incurred in any legal action connected with copyright infringement involving the work produced or provided.

Personal or Economic Rights

The client also warrants that the work does not contain anything that is libelous or scandalous, or threatening to any person’s privacy or other personal or economic rights. The client will, at the client’s sole expense, promptly and extensively defend Digital City Marketing in all legal actions on these grounds; as long as Digital City Marketing promptly notifies the client of the legal action and gives the client a reasonable amount of time to undertake and conduct a defense. The client reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper, or infringing upon copyright law.

Privacy Policy

The commitment by Digital City Marketing to maintain the confidentiality of our clients is held in the strictest regard. We do not share, sell, or otherwise disclose information about our customers to any other party except as required in the processing and shipping of purchases.

Registration

In order to utilize all aspects of our website a user must first complete the required registration form. During registration the user will be required to provide a name and email address. This information is used to contact the user about our services even if they have not placed an order.

Orders

Information is requested from the user on our order form. A user must accurately provide contact information (name, email and shipping address) and financial information (credit card number and expiration date). This information will be used for credit card authorization and to fulfill customers’ orders. If we have trouble processing a given order, the information is then used to contact the user.

Cookies

A cookie is a piece of data stored on the user’s computer corresponding to information about the user. We use persistent cookies. A persistent cookie is a small text file stored on the user’s hard drive for an extended length of time. Persistent cookies can be removed by following your browser help file directions. Cookies are used by Digital City Marketing.com order section in order to individually identify users, associate user files with orders, and to enable the shopping cart. Our site is unable to be used with cookies turned off.

Log Files

Like most web site servers, we utilize log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and the amount of clicks to analyze trends, administer the site, track users’ movement in the aggregate, and gather broad demographic information for aggregate use. This data is not tied to personally identifiable information.

 

Return Policy

At DCM our aim is to get your message/idea out as exactly as you intended and at the right time. Meeting and exceeding your expectations at every given opportunity is our goal. We stand 100% behind the quality of the work we produce and the services we provide; If for some reason you are unsatisfied with the level of service received, or you believe your product did not meet your requirements do not hesitate to contact our Customer Service Department and a DCM  representative will be pleased to address any general issues you may have.

If for some reason you deem your product defective or unsatisfactory in any way, you will be required to contact our customer service department within 24 hours and you may be required to send in photos or return the entire product in it’s original packaging to DCM within 5-7 business days of receipt. If you do not contact us within this timeframe your order will be assumed satisfactory and DCM will not be held liable.

Once you’ve contacted us with your concerns we will have 3-5 business days to determine the appropriate course of action. A customer service representative will contact you within 48hrs to inform you of our intentions. Once the course of action is agreed upon, reproduction will be carried out in a timely manner depending on the available production capacity as determined by the production manager. Refunds and reprint requests will be evaluated on a case-by-case basis on all Large Format & Direct Mail Services. Product refunds or reprints shall not exceed the quantity or dollar amount of the original order as paid by the customer. Refunds on shipping and handling will be determined and agreed upon in situations deemed applicable.

DCM prides itself on the commitment of excellent customer service that we provide to all of our clients. However, certain circumstances are beyond our control and are not covered by the guarantee. Below are some guidelines and examples that do not constitute grounds for a refund, return or reprint.

FILES
– Design errors introduced by the customer in creation of the document/file/artwork
– Spelling, punctuations or grammatical errors in the file/artwork
– Inferior quality or low-resolution images/files/artwork

PROOFING
– If a file has been approved and printed and an error has been identified after printing, DCM will not be held responsible for a reprint.
– If a job is required at a specific time and a timeframe was agreed upon for the receipt of files by DCM which was not met by the client, DCM will not be liable for any delays if the agreed upon timeframe.

MATERIAL
– DCM will not be held responsible if there was an error in the customer’s choice of materials, such as type, weight or quality of paper.

SHIPPING
– DCM will not be held liable for delays in contracted shipping services (eg. Ups, Fedex etc.) beyond our control
– DCM will not be held liable for damages occurred in transit

THERE ARE NO REFUNDS ON POSTAGE once the approved mail piece has be taken to the post office.

Legal Disclaimer

Every effort is made to preserve the user’s privacy; although, we may need to disclose personal information when required by law to do so. Wherein we have a good-faith belief that such action is appropriate to comply with a current judicial proceeding, a court order or legal process served on our website.

THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.