Price variation – Estimates are based on the current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
Tax – The sales tax of 8% will be added to the total price.
Preliminary work – All work carried out, whether experimentally or otherwise, at the customer’s request shall be charged.
Proofs – Proofs of all work may be submitted for the customer’s approval, either digitally by email or as hard-copy print-outs and UpDog shall incur no liability for any errors not corrected by the customer in proofs so submitted, even whereby UpDog has created the data at the customer’s request. No claims can be accepted after the job has gone to press (see Claims and returns below). Customer’s alterations and additional proofs necessitated thereby shall be charged extra.
Copyright – Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belong to UpDog. UpDog may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, etc. The customer will indemnify UpDog and his agents from any claim arising thereof.
Artwork release – Working design files or print-ready artwork files as commissioned by the customer remain the copyright and property of UpDog. For an additional release fee, however, calculated at 50% of the original design fee, said artwork may be released upon request.
Delivery and payment – Deliveries are carried out by UpDog. UpDog accepts payments for its services through our convenient online secure website, phone or in person at our store. We accept credit/debit card, as well as check and cash payments.
Refunds, Order Changes, and Cancellations – Understandably, personalized and custom items may not be returned for a refund.
We will use reasonable efforts, upon your request, to change or cancel your order prior to production. If the order has not yet started the production process, no additional change or cancellation fees will be applied. If your order is changed, the setup fees may vary from the original quote depending on your requirements.
If the order has reached the pre-production set up phase, there may be cancellation or change charges that apply. If your order is changed, the setup fees may vary from the original quote depending on your requirements.
If an item has begun production, unfortunately, we cannot stop or change the order. We can, if you wish, prevent shipment or redirect it. You will be charged the full amount of the order for all orders canceled at this stage.
We regret that claims cannot be accepted under the following circumstances:
More than one week has passed since receipt of goods
A factual error, typo or other design flaw is discovered in the printed matter, regardless if UpDog created the data (see Proofs above)
The returned order is incomplete or has been partly used/distributed
If the order appears to have minor printing defects deemed unavoidable and/or non-critical (see full-color printing below), is soiled or shows other signs of usage
The order was damaged in transit
Variations in quantity – Every endeavor will be made to deliver the correct quantity ordered. However, some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are not material to the contract. In order to maintain low prices by avoiding frivolous claims, no claim will be accepted in lieu of said immaterial shortage.
Liability – UpDog shall not be liable for any loss to the customer arising from delay in transit not caused by UpDog.
Insolvency – If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding–up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, UpDog without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
Illegal matter – (a) UpDog shall not be required to print any matter which in their opinion is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights or any third party. (b) UpDog shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
Full-color printing – Every effort will be made to obtain the best possible color reproduction of client data but because of the nature of the processes involved, UpDog shall not be required to guarantee an exact match in color or texture between the customer’s photograph, transparency, proof or electronic graphic file and the printed article. Micro pin-holes and other minor defects may also occur from time to time and a judgment as to whether the defect is considered critical or not shall be made by UpDog in the event of any claim resulting from it.
Force majeure – UpDog shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to UpDog elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with California Law.
Consequential loss – UpDog accepts no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.