User Agreement for Orders and Website Terms of Use

User Agreement for Orders

By placing an order with NexCards.com, you agree to the following terms:

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Guarantee

We guarantee all orders to be free of defects in workmanship. If any order does not match the generally accepted trade standards (detailed below) , we will reprint the order or issue the customer a full or partial refund at our discretion. A written (email) request must be made no later than 4 business days after delivery. If no such claim is made, NexCards.com and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that NexCard’s performance has fully satisfied all terms, conditions and specifications. Reprints may require the customer to send NexCards.com or our agent a few business cards in a plain envelope or the entire order, depending on the specific situation.

Refund & Cancellation Policy

Orders cannot be canceled or modified after they are sent into production. Up to that time you may cancel with no surcharge.

Refunds and reprints on received orders are based on a case by case basis. Re-prints will be granted for defects such as machining marks. crooked alignment, cards stuck together, misalignment that cuts off text, order not filled correctly, wrong order sent, etc.  The re-print process is usually quite simple and fast. We may ask you to return the product for verification.

Refunds do not include shipping charges or other costs that may have been absorbed by Nexcards as a cost of doing business.  These include, but are not limited to, design fees, extra handling, expedited surcharges for shipping, etc.  Please contact customer support for details.

Refunds and complimentary reprints will not be valid for:

  • Extended turnaround times beyond what was expected. Nexcards’ printing turnaround times are good faith estimates but never guaranteed. Printing times that exceed 15 business days from start of production are valid however.
  • Slightly off center trim, generally under 1/8″. This is an unavoidable but rare occurrence of off-set printing and is generally within the accepted industry standards.
  • Color differences and variations from proofs. We do not provide color matching although we do provide pleasing color. Color differences on the printed card may differ significantly from computer monitor images and desktop prints. We use the CMYK printing method which can also vary in hue from print to print and printer to printer even with the same artwork files – we promise to uphold to the printing industry standard which is a variance of not more than 10%.
  • Contrast and light/dark intensity may vary somewhat from the design viewed on a computer and from printed  batch to batch.
  • Orders treated with Foil Stamping and Embossing may have a slight shift of actual placement of up to 1/8 of an inch in respect to the underlying design. This is an unavoidable occurrence and is not valid for refunds or  reprints.
  • Simply not liking a product with no defects is not valid for reprints / refunds.

2. Turnaround
All turnaround times stated in the details for each print product is an estimate of production time and are not to be confused with a guarantee. Turnaround time does not include shipping time. Files sent to us completely print ready will help speed time to production.

Business days are defined as Monday through Friday.  Holidays, Saturdays and Sundays do not count when calculating turnaround or shipping time. We assume no responsibility for delays caused by delivery carriers or any damages or business loss resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown or maintenance of equipment, quality control re-prints, etc.

Be sure you give us a correct shipping address. Once the cards go into production, no alterations can be made to the order including address.

3. Payment Terms
All orders must be prepaid. We accept Visa, MasterCard, American Express, Discover, and PayPal. If you would like to pay by check, your order will not go to print until the check has cleared. This may cause a significant delay in your order.

4. Quotations/Estimates
Prices posted on this website are subject to change without notice. Written estimates are good for 30 days.

5. Orders
NexCards.com reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. NexCards.com is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to NexCards.com for printing and/or publication.

6. Design Work

We do not begin fabricating a design until a paid order has been received. We do not take design work outside of a paid order.

7. Indemnification
The customer represents that it has the legal right to produce all printed materials ordered from Nexcards.com. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against NexCards.com based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by NexCards.com ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold NexCards.com harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending NexCards.com against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing NexCards.com for any legal fees and expenses it reasonably incurs in responding.

8. Alterations/Corrections
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 rates.

9. Delivery

NexCards.com is not responsible for delays and/or damage incurred during shipping. Any such claim will be taken up with the shipping carrier. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever comes first.

10. Right to Subcontract
NexCards.com shall have the right to assign any portion of the work required to another contractor.

11. Please read our Privacy Policy

12. Samples
NexCards.com may use your product for samples or advertising purposes, and we may use your unsolicited feedback response in our testimonial section unless we are notified in writing by you the customer.  In the event of a written notice, NexCards.com will cease its usage of your product or written testimonial within 10 days of receipt of the notice.  Any usage of the product for samples or advertising purposes prior to the receipt of the written notice will be deemed as acceptable.

13. Taxes
All taxes and assessments levied by any governmental authority are the responsibility of the customer.

14. Design Specifications
All artwork submitted must meet the guidelines as set forth by NexCards.com.  Files which do not meet these requirements will be returned to the customer or corrected at NexCards’ discretion.

15. Cancellations
All cancellations must be submitted in writing(email) to NexCards.com. All cancellations must be requested before the order starts production (usually 4 – 48 hours after ordering) to avoid the 20% production fee. This fee is only charged to cover the loss to NexCards.com. Due to the nature of the unique products, this fee is in place, as print material can not be re-sold or re-printed once production has begun and must be discarded.

16. Changes
NexCards.com may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless stated otherwise.

Terms Of Use For NexCards Website

By using the NexCards.com website, you agree to the following terms:

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of NexCards. The collective work includes works that are licensed to NexCards. Copyright 2003-2014, NexCards. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with NexCards or purchasing NexCards products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with NexCards or to purchase NexCards products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by NexCards. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of NexCards used in the site are trademarks or registered trademarks of NexCards.

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, NexCards disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. NexCards does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. NexCards does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
NexCards shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if NexCards has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a NexCards product is mistakenly listed at an incorrect price, NexCards reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. NexCards reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, NexCards shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by NexCards without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
NexCards may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to NexCards.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Washington, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NexCards products) shall be in the state or federal courts located in King County, Washington. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NexCards products) must be commenced within one (1) year after the claim or cause of action arises. NexCards’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NexCards may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a NexCards or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
NexCards does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, NexCards is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, NexCards reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to NexCards in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless NexCards, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, NexCards may link to sites operated by third parties. However, even if the third party is affiliated with NexCards, NexCards has no control over these linked sites, all of which have separate privacy and data collection practices, independent of NexCards. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, NexCards seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).