TERMS & CONDITIONS
Service is provided by Sun Inc. / Sun Printing
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your unconditional agreement to these terms of use and the fact that all terms and conditions herein apply to Sun Inc. d.b.a. Sun Printing (SP) and all of our affiliates separately and collectively as applicable. If you do not agree to these terms of use, you are not authorized to use the site. SP cannot and does not guarantee the security of information you transmit through the Web, and you transmit all such information at your own risk.
Terms and Conditions of Order (updated 2/11/09)
1. Accuracy
Layout
Please proofread all layouts carefully. You are 100% responsible for the accuracy of your layouts. Postal Regulations are subject to change and you are also 100% responsible for complying with current USPS Postal Regulations as outlined on our website:
All layouts assembled (typeset) by Sun Inc. d/b/a Sun Printing (hereafter "SP") will have www.sunprintingusa.com printed in 6pt. font on the backside of the card. SP reserves the right to refuse to print any material that SP determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. You will not be charged for any services that are performed by SP on any job that is denied for the reasons described in this paragraph.
Color
All cards are placed on our printing press with other jobs or "gang printed." SP will reproduce color from submitted transparencies, slides, photos or digital layouts as closely and accurately 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 is guaranteed to be within a minimum of 85-90% of the original image you submit. SP accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product they represent. All colors contained within any RGB digital file will be converted to SP's CMYK color space. This may cause the RGB colors to visually change due to color space differences. You should also note that your computer monitor's calibration affects the colors displayed on your monitor's screen. The colors on the printed cards may differ from what you see displayed when viewing your layout via SP's online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not color or density. For reprints, SP strongly suggests that you mail a hard copy of the original order for an accurate color review. Also, if your order is color critical, SP strongly suggests you purchase a hard copy color proof from SP.
2. Payment
The fees for SP products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. SP requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. SP grants Credit Terms on the print portion of orders only. All mailing services and postage related fees must be prepaid. Please note that no orders will be mailed until an approved and signed mailing services invoice is returned from the customer authorizing payment. SP accepts Purchase Orders from government and educational institutions with prior approval and requires the submission of the PO number at the same time the order is submitted. Any amount due to SP, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $25.
Notwithstanding the above, all orders for customers located outside of the United States must be prepaid in full and in advance, including all printing, mailing, processing, shipping and any other applicable costs or charges. Such orders must be paid via credit card, certified bank check (from a bank which SP deems acceptable), ACH or wire transfer. Unfortunately, SP can not accept any other forms of payment from or extend credit terms to customers who are located outside the United States.
Sales Tax Policy
SP is required to collect sales tax on purchases shipped to the states of SC, NC, GA, FL. If your order qualifies for sales tax exemption in accordance with above listed states Sales & Use Tax Regulations you must provide SP with a Valid Resale Certificate. SP requires that resale certificates be provided at the time of order via mail or faxed to (803) 794-9487.
Refunds & Cancellation
No refunds of any nature will be granted once SP begins your order. Additionally, no partial refunds will be provided for work not completed and design and set up fees may still apply and be charged. All refunds, due to an overpayment on a particular account are available upon customer request.
3. Production Time & Delivery
Our daily deadline for receiving materials to begin work on an order is 12 noon ET. Quoted Production Times start only after SP receives final approval of your layout and summary of printing charges with no further changes per SP's Approval Form. SP quoted production business days are calculated in 24 hour increments. All correspondence regarding the order must include the job number (in the subject line of an email or on the outside of a package/envelope) to avoid any delays in production. Completion of your job within our quoted Production Time is dependent on receipt of your signed layout and final approval. Please account for additional time for delivery of your order as the number of delivery days is dependent upon the delivery service you select. For SP observed holidays, add one (1) additional day to the Production Time. Expected delivery date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. SP is not liable for damage caused by any service carrier. Carrier claims are limited to $100. SP accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from SP's facility within 30 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates.
4. Indemnification, Damages
You agree to indemnify and hold SP and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys' fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your card. You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by SP. DO NOT send any "one-of-a-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork.
The liability of SP, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to SP for its products and services. In no event will SP be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by SP. You hereby waive any Statute of Limitations to the contrary.
5. Ownership & Limited Use
By placing an order with SP, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with SP and; (ii) are authorizing SP to print such order on your behalf. Any images/graphics, text or other materials supplied to SP by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to SP. However, any additional materials created by SP in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc...) are and shall remain the sole property of SP. Digital files of an SP assembled layout can be obtained upon customer's written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party. SP reserves the right to reprint and distribute your finished cards as example of a SP postcard product for any and all promotional purposes. This promotional distribution may include but is not limited to SP’s collateral marketing materials, website, affiliates’ websites, affiliate programs, SP catalogs, catalogs of others, emails, and any other marketing in any medium that SP may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to SP at the following address: 345 Dreher Road, West Columbia, SC 29169, or by email to the following address: info@sun-inc.com. Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed.
6. Mailing Services & Mail Delivery
When utilizing our Mailing Services, SP shall only be liable to rectify errors to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the total amount of fees payable by customer for the work performed. In no case will SP be liable for special, incidental, or consequential damages of any kind. SP's responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. SP shall not be liable for USPS performance failures or delivery delays. SP accepts no responsibility for any additional services performed outside of SP, including but not limited to additional ink jetting, bindery or mail delivery services. Any remaining customer cards not mailed through SP Mailing Services will be returned via UPS at customer's expense and shipped to the contact address on file unless otherwise specified by the customer.
7. Mailing List(s)
SP agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a customer's mailing list. A customer's mailing list(s), while in the possession of SP, is the exclusive property of the customer and shall be used only with customer's instructions. It is customer's or customer's list vendor's responsibility to maintain a duplicate copy of its mailing list. SP assumes no responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while in its possession. Customer's mailing list(s) will not be sold or offered for use to any other party, and SP will not utilize the list for any other purpose. For additional information regarding mailing lists and security please refer to the HYPERLINK "http://www.modernpostcard.com/files/pdf/MailingListSec.pdf" SP Mailing List, Privacy, Security and Limitations of Liability Agreement.
Duplicate Removal
Unless otherwise instructed, SP will remove duplicate names from all lists submitted for processing where the name and address match. No charge will be incurred for removing up to 100 duplicates within an entire list. Duplicate removals in excess of 100 duplicates will be charged at $5 per 1,000 with a $35 minimum. 100% accuracy of removal cannot be guaranteed due to data variances.
Change of Address updates
U.S. Postal Service requires that all first class presorted mailings comply with Move Update. SP assumes no responsibility for failure to do so. Refer to the Updating Your Mailing List page on our website for more information.
Reformatting
SP uses ASCII and DBF formats for data compilation for mailing services. Although many formats can be converted to DBF, a compatible mailing service software format cost of $75 per hour may be incurred to reformat mailing lists to meet our specifications. Customer will be notified, in advance, of conversion and formatting incompatibility.
Purchased Lists
For mailing lists purchased from SP, SP offers a deliverability guarantee of 88% on Business to Business lists and 92% on Business to Consumer lists if mailed within 30 days of the order. Deliverability applies solely to the accuracy of the mailing addresses themselves and not to the accuracy of any other element of the mailing list, including, but not limited to contact names and/or any other demographic/firmagraphic criteria or element. Customer remains fully responsible for payment of any ordered list in the event that the printing and/or mailing portion of the order is cancelled by customer. For Specialty lists, customer should note that a List owner may request a copy customer's mail piece and view the desired mail date prior to providing approval of the list rental order. Customer should also note that a List owner reserves the right to refuse a list rental order for any reason they see fit.
8. Miscellaneous
Sections 5, 6, 8, and 11 of SP's Terms and Conditions of Use/Website are hereby incorporated by reference as though fully set forth herein. Please read them carefully. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by SP. You hereby waive any Statute of Limitations to the contrary.
TERMS & CONDITIONS OF USE / WEBSITE
Sun Printing provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at sunprintingusa.com or any other web sites (collectively, the "Site") operated by Sun Inc. d/b/a Sun Printing or one of its divisions or subsidiaries (collectively, "SP"), you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site.
1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SP without our express written consent. You may not use any meta tags or any other "hidden text" utilizing SP's name or trademarks without the express written consent of SP. Any unauthorized use terminates the license granted by SP. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Modernpostcard.com so long as the link does not portray SP, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SP logo or other proprietary graphic or trademark as part of the link without express written permission.
2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any SP employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
3. Usage and Monitoring
SP does not regularly review the contents of the material posted to the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SP does sell products for children. If you are under 18, you may use sunprintingusa.com only with involvement of a parent or guardian. SP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While SP has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, SP reserves the right to delete and take other appropriate action with respect to such messages, information or files with which SP, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the site to anyone at anytime.
If you do post or submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify SP for all claims resulting from content you supply. SP respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately. We reserve the right to distribute free samples of your postcard.
4. Privacy
Your use of the Site constitutes your consent to SP's privacy policy posted at sunprintingusa.com which is updated from time to time.
5. Copyright Ownership
All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of SP or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. SP and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.