Terms and Conditions

By placing an order with Crystal Clear CD (hereinafter referred to as Crystal Clear), you (the client) agree to be bound by the following terms and conditions. Please make sure you have read all of the policies and terms before placing an order. The client also agrees to hold Crystal Clear harmless for any misrepresentation or failure to perform or deliver any project submitted by client. Prices subject to change without notice. We reserve the right to correct errors. If you do not agree with these terms then do not place an order with us.

Some work may not be accepted in the sole discretion of Crystal Clear. Work not accepted would be work that is considered either vulgar, inappropriate, distasteful, or offensive in the sole discretion of Crystal Clear. Any work that attacks or demeans an individual, race, religion, group, etc. in the sole discretion of Crystal Clear will not be accepted. A job is not considered accepted until this measure and others not specifically stated herein have been applied by Crystal Clear. Personal or economic rights: The client also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or other personal or economic rights. The client will, at the client's sole expense, promptly and thoroughly defend Crystal Clear in all legal actions on these grounds in a manner acceptable to Crystal Clear as long as Crystal Clear notifies the client of the legal action and gives the client reasonable time to undertake and conduct a defense. Crystal Clear reserves the right to use sole discretion in refusing to print anything deemed illegal, libelous, scandalous, improper or infringing upon copyright law.

PRODUCTION & TURNAROUND AND ORDER ACCEPTANCE

Our production time begins ONLY after an order has been "received" and successfully completed our initial processing. Orders are considered "received" or "accepted" by Crystal Clear and are put into production ONLY when the following five conditions have been met:

• (1) a WORK ORDER has been completely filled out by Crystal Clear staff that accurately describes your project and proper pricing of the product ordered has been verified. We reserve the right to correct prices stated in error by the website or personnel, etc. of Crystal Clear.
• (2) all files have been correctly submitted. This most likely will include Artwork, Disc Content and an IPR form.
• (3) the client has approved the online PDF proof and has given the written approval to proceed with production.
• (4) Crystal Clear will review the content of the project if necessary to see if it conforms to standards as described in paragraphs 2 and 3 above.
• (5) payment has been made.

Turnaround times. We try to produce all projects in an expedient manner. In some cases we fail to meet our quoted or specified turnaround time on a project. We will not be responsible for failure to meet the quoted or specified turnaround time.

After the initial order is placed and your files have been successfully uploaded and approve by you, a Crystal Clear representative will review your project files. Crystal Clear is NOT RESPONSIBLE for items that would prevent the file from being CORRECTLY printed such as missing files, resolution, color mode, missing fonts and images, proper bleed, etc. It is also your responsibility to check backup and pagination of files, size and trim, folds, perfing and scoring. Please check the PDF proof provided online very carefully. You are responsible for detecting errors in the file prior to giving your approval to proceed. Once an order has been approved by the client Crystal Clear cannot accept any cancellations. There are also no refunds, adjustments, or returns after this point.

Please note that your monitor's calibration affects what you see on your screen. The colors on the printed project may differ from what you see on your screen. PDF proofs are meant only as a general representation of the color on final printed project, but they do accurately show type treatment, trim marks, trapping, etc. Please review these carefully. If this is a re-print of an old order please keep in mind that Crystal Clear DOES NOT GUARANTEE COLOR MATCHING to a previosly printed project or proof. Even if a proof is supplied by Crystal Clear we do not guarantee to match it. The proof is for reference only. Color will be similar but it will not match the final printed piece. Crystal Clear does not guarantee color in any way. If color accuracy is important to you then we recommend that you choose another vendor for your project.

Although we rarely miss production schedules, the printing and pre-press process involves equipment which is subject to malfunctions and equipment failure. We will always do everything in our power to make sure that any production problems do not delay your job. However, please note that all production and delivery times ARE NOT CONTRACTUAL and no turnaround time can be guaranteed. No verbal or written correspondence by anyone at Crystal Clear can change that. Please try to plan date sensitive materials with time to spare. Crystal Clear WILL NOT incur additional cost to meet your deadline even if Crystal Clear fails to finish production at the stated or anticipated time.

SHIPPING POLICY

Most of our projects are shipped via a common carrier. The client is responsible for the job once it leaves our location. We do not guarantee shipping times. The client is responsible for the relationship with the common carrier. The title and ownership of the job transfers to the client once it leaves our location. The client is also responsible to make any claims on shipping damage with the common carrier.

LAYOUT AND DESIGN

The client must adhere to our layout specifications. Files that do not follow our instructions will delay your job and incur extra charges. If the client employs the services of a third party designer make sure that all file submission specifications are understood and followed. The client may contact a client representative at Crystal Clear with any questions the client may have regarding format and submission specifications.

In the unlikely event that an error has occurred during the production of a particular job, Crystal Clear must be promptly notified of the problem. A determination will then be made by Crystal Clear whether the defect is of such a nature as to qualify for a discount or reprint. There will be absolutely no discounts, refunds or re-prints if Crystal Clear is not notified of such defect within 10 days from the date that a job is received by a client.

PAYMENTS

We accept cash, money orders, certified bank checks, Visa, Mastercard, and American Express. Company checks and personal checks may also be accepted but your project will be delayed while we clear the check unless other arrangements have been made in advance.

Once an order has been received by Crystal Clear and approved by the client, refunds are not allowed. Although Crystal Clear does archive files for re-orders, please retain a back-up copy of your files. Crystal Clear DOES NOT guarantee that any submitted files will be saved.

LIABILITY

Disclaimer of Express Warranties: Crystal Clear warrants that the work is as described in the email approval sent to the client. The client understands that all sketches, copy, dummies, PDF files and preparatory work shown to the client are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed. Disclaimer of Implied Warranties: Crystal Clear warrants only that the work will conform to the description contained in the email approval sent to the client. Crystal Clear's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will Crystal Clear be liable for specific, individual, consequential, or other damages.

INDEMNIFICATION

The client agrees to protect Crystal Clear from economic loss and any other harmful consequences that could arise in connection with the work. This means that the client will hold Crystal Clear harmless and save, indemnify, and otherwise defend Crystal Clear against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.

COPYRIGHTS

The client also warrants that the subject matter to be printed is not copyrighted by a third party. The client also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The client further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the client agrees to indemnify and hold Crystal Clear harmless for all liability, damages, legal and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.

USE OF CLIENT PROJECTS IN ADVERTISING AND MARKETING EFFORTS

From time to time Crystal Clear may use your art or completed project or any part there of in an effort to show our work to prospective and current clients. We reserve the right to modify your project to suit our specific need. This may be done on our websites, direct mail material, brochures, cards, flyers, and/or by providing actual samples. We do not intend to suggest that we have the right to sell your work, we are only showing samples of our capabilities to prospective and current clients. We will never charge any party for these items or samples, nor will the client receive any compensation for their use. If you do not want your project to be used or highlighted in this way then you must tell us clearly in written form when you submit your order. We will respond to your request by telling you that we have received your instructions. If you do not receive a written response to your instructions then we did not receive your request and you can expect that we will use your project. In any case if we inadvertently or mistakenly use your materials for this purpose then you agree to hold us harmless against any claims made due to its use. It is our intent to follow your instructions accurately.

TAXES

All amounts due for taxes and assessments will be added to the client's invoice as directed by the state of Texas and are the responsibility of the client. No tax exemption will be granted unless the client's properly filled out "Exemption Certificate" accompanies the project when submitted. If, after the client has paid the invoice, it is determined that more tax is due, then the client agrees to promptly remit the required taxes to the taxing authority, or immediately reimburse Crystal Clear for any additional taxes paid. For projects that are shipped out of state there is no tax due by the state of Texas under current law, therefor we will not collect tax on out of state shipments. The client may still be liable for taxes in your home state. The client agrees to pay all taxes due in their home state and also pay any claims made by your home state against Crystal Clear in connection with work performed on your behalf. We encourage you to inquire with your state comptroller about tax liability.

DISPUTES

In the case of a dispute or legal action both parties (the client and Crystal Clear) agree that any action will be filed and litigated in Tarrant county, Texas. The client also agrees to arbitration rather than legal action through the courts. The client agrees to have Crystal Clear provide an arbitrator acceptable to both parties.