TERMS OF SERVICE
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO BOTH MEMBERS AND GUESTS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
1.1. This site [www.fineart.co.za], is made available, and owned by, Fine Art Printers CC (bearing registration 1996/064433/23) (hereinafter referred to as “Fine Art Printers”, “Fine Art Printers Website” “Website”, “we”, “our”, “us” or “Fine Art Printers”). Any reference to “Fine Art Printers”, “we”, “our”, “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.3. Accessing and/or use of the Fine Art Printers Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use Fine Art Printers. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
1.4. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Fine Art Printers Website, as indicated above, unless a later date is otherwise stated in the revised Terms. Your continued use of the Website and/or the Services will be construed as your consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of your use. Your only remedy, should you not agree to these Terms, is to stop your use of this Website.
2.1.The following terminology applies to these Terms:
2.1.1. “Material Designs” refers to the graphic designs, as uploaded by a User, which are intended to be printed by Fine Art Printers in accordance with the Services;
2.1.2. “Party” or “Parties” refers to a User and/or Fine Art Printers, as the context requires;
2.1.3. “Services” shall refer to the printing of offline marketing materials.
2.2. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
3. Your Agreement to these Terms
3.1. Subject to, and on the basis of your acceptance of the Terms, Fine Art Printers grants you a limited, revocable, non-transferable license to access and use Fine Art Printers in accordance with the various policies and agreements which may govern such use and access.
4. Description of our Services
4.1. We provide web-based printing Services in South Africa, allowing Users to upload their offline marketing Material Designs, such as, but not limited to, flyers, business cards, folded leaflets, brochures / booklets, postcards, invitations, notepads, menus, posters and letterheads, in order for such Material Designs to be printed and delivered to the User by Fine Art Printers.
4.2. In consideration for rendering of the Services, Fine Art Printers charges a Service Fee as set out in clause 5 below.
5. Service Fee
5.1. Fine Art Printers charges an amount to Users which is dependent upon the type of Service as well as the printing and/or delivery preferences as selected by the User, which amount shall be inclusive of any applicable Value Added Tax (“VAT”) (the “Service Fee”).
5.2. All Service Fees shall be effected via electronic funds transfer or the payment gateway infrastructure on the Fine Art Printers Website, provided via an independent third party payment service provider, currently, PayFast. Users are encouraged to consult the PayFast website located at www.payfast.co.za to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through PayFast.
5.3. Only Service Fee payments made via PayFast or electronic funds transfer shall be processed. Service Fee payments made via Payfast in a currency other than South African Rand (“Rand”), if accepted by Payfast, shall be converted into Rand at Fine Art Printers financial institution’s then-current market rate of exchange. Payments made by electronic funds transfer will only be processed and accepted if made in South African Rands.
5.4. Service Fee payments made from Users located outside of the Republic of South Africa and/or in a currency other than Rand, shall be processed in accordance with PayFast’s policies and procedures, as amended from time to time.
5.5. We reserve the right to change our product’s prices at any time without prior notice. If an error is made and a product is listed at an incorrect price, Fine Art Printers shall maintain the right to refund or cancel orders placed at the incorrect price.
6. User Content
6.1. Certain areas of this Website may permit Users to submit Material Designs, feedback, information, data, text, software, images, designs, messages, or other materials (each, a “User Submission”). Users are solely responsible for all User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Should such Material Designs not meet the criteria as may be determined by Fine Art Printers in its sole and unfettered discretion from time to time, Fine Art Printers reserves the right to adjust and/or amend the Material Designs so as to conform with its criteria.
6.2. Further, Fine Art Printers does not guarantee that the subsequent ability to edit or delete any User Submission.
6.3. In submitting any User Submission, Users make the following representations and warranties:
6.3.1. all rights in and to such User Submissions (including, without limitation, all rights to the reproduction and display of such User Submissions) are obtained by such User, or, alternatively, all necessary rights in and to such User Submissions providing the rights in and to such User Submissions as described in these Terms have been obtained;
6.3.2. all necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of User Submissions have been paid prior to your submission of same to the Website.
6.3.3. User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
6.3.4. Users voluntarily agree to waive all “moral rights” that may attach to a User Submission, apart from that of the Material Designs;
6.3.5. User Submissions do not violate any law including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising;
6.3.6. User Submissions are not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
6.3.7. Users have not and will not be compensated or granted any consideration by any third party for submitting a User Submission;
6.3.8. User Submissions do not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than a User’s own);
6.3.9. User Submissions do not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
6.3.10. User Submissions do not contain any information that may be considered confidential, proprietary, or personal insofar as it relates to a third party;
6.3.11. User Submissions do not contain or constitute any unsolicited or unauthorised advertising, promotional materials unless exclusively comprised of the Material Designs, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
6.4. By submitting a User Submission, Users grant Fine Art Printers an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to:
6.4.1. use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
6.4.2. use User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that Fine Art Printers, in its sole, absolute and unfettered discretion, deem appropriate, including, without limitation, the incorporation of a User Submission or any modification thereto, in whole or in part, into any technology, product, or service;
6.4.3. Display advertisements in connection with User Submissions and use User Submissions for advertising and promotional purposes.
6.4.4. Fine Art Printers may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website, and may remove at any time or refuse any User Submissions for any reason;
6.4.5. We are not responsible for any loss, theft, or damage of any kind to any User Submissions.
6.4.6. Further, Users agree that Fine Art Printers may freely disclose any User Submissions to any third party absent of any obligation of confidence on the part of the recipient.
7. Refund Policy
7.1. Refunds will only be permitted in the sole, unfettered and absolute discretion of Fine Art Printers, and only in limited circumstances, at the discretion of Fine Art Printers.
7.2. Refund requests can be initiated by sending an email to email@example.com. Included in such email should be an explanation of why a refund ought to be granted by Fine Art Printers.
7.3. Any refunds agreed to by Fine Art Printers shall be in the form of vouchers to the user’s credit redeemable only on the Fine Art Printers Website.
7.4 Any cash refund requests are subject to adherence of our terms. A refund may take up to 14 business days and a 2% admin fee may be applicable. Cash refunds can not be made once an order is in production or been produced as Fine Art Printers has already incurred the cost for the order.
8.1. FINE ART PRINTERS MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES, ANY OTHER USERS OF THE SITE, INCLUDING BUT NOT LIMITED TO PARTNERS, OR THIRD PARTIES, OR ANY MATERIALS ON THE WEBSITE RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE.
8.2. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THE TIMELINESS, WORKMANSHIP, OR COMPLETION OF ANY PROJECT. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER AS A RESULT OF YOU ACCESSING OR USING THIS WEBSITE.
8.3. Without limiting the generality of the foregoing, Fine Art Printers makes no warranty that this Website will meet a User’s requirements, or that this Website will be uninterrupted, timely, secure, error free or that defects in this Website will be corrected.
8.4. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by a User through this Website or from Fine Art Printers or its third party service providers shall create any warranty enforceable as against Fine Art Printers.
8.5. To the maximum extent permissible by applicable laws, Fine Art Printers denounces any fiduciary responsibilities to any Users of the Website.
9. Unauthorised Use of This Website
9.1. You are specifically not permitted to use this Website in any of the following ways (which list should not be deemed to be exhaustive of Fine Art Printers’ rights in this regard):
9.1.1. For any public or commercial exploitation which includes the use of this Website on another site or through a networked computer environment;
9.1.2. In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
9.1.3. To stalk, harass, or harm another individual;
9.1.4. To impersonate any person or entity or otherwise misrepresent the true state of affairs;
9.1.5. To interfere with or disrupt this Website or servers or networks connected to this Website;
9.1.6. To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
9.1.7. Attempt to gain access to any portion of this Website, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
10.1. Fine Art Printers and the contents of the Website are the property of Fine Art Printers, apart from the Material Designs, which remain the property of the Users who upload such designs, are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on Fine Art Printers and/or the Services, apart from the Material Designs, is our exclusive property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
10.2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Fine Art Printers or the copyright owner, and further, should such consent be provided, Fine Art Printers reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
10.3. You are expressly prohibited to “mirror” any content, contained on Fine Art Printers, on any other server unless with the prior written permission of Fine Art Printers, and further, should such consent be provided, Fine Art Printers reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
10.4. We do not permit copyright infringing activities and infringement of intellectual property rights on Fine Art Printers, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another’s intellectual property rights or our own.
10.5. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Fine Art Printers, so long as the link does not portray Fine Art Printers, its affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use Fine Art Printers’s logo or other proprietary graphic or trademark as part of the link without the express permission of Fine Art Printers, its affiliates or content suppliers.
10.6. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of Fine Art Printers.
11.1. You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. Fine Art Printers may assign our rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to you.
12. Export Control Laws
12.1 You understand and agree that the software, Services and User data may be subject to import and export control laws and regulations of the Republic of South Africa or the country in which you are situated. You undertake to adhere to all applicable laws and regulations and agree not to, without prior authorisation from the government of the Republic of South Africa or of such other country which is applicable, directly and/or indirectly export, re-export and/or transfer the software and Services to any other country in contravention of such laws and regulations.
13. Force Majeure
13.1 Without limiting the foregoing, no Party to these Terms shall be held liable for any failure to perform in terms of these Terms if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither you, nor Fine Art Printers, are entitled to terminate these Terms in such circumstances. Any Party affected by such event shall forthwith inform the other Party of same, and shall use all reasonable endeavours to comply with the Terms.
14.1. To the extent permitted by law, these Terms, and the provision of our Services, shall be governed by and construed in accordance with South African law, and any dispute arising out of these Terms and/or our Services shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
15.1 If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by Fine Art Printers to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
16. Domicilium Citandi Et Executandi and Contact Information
16.1. The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
16.1.1. Fine Art Printers: 103 Van Tonder Street, Sunderland Ridge, Centurion, 0157. Email : firstname.lastname@example.org.
16.1.2. User: The addresses as provided for shipping of the printed Material Designs.
16.2. A Party may change its domicilium to any other physical address or email address by written notice to the other party to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
16.3. All notices to be given in terms of these Terms will:
16.3.1. be given in writing;
16.3.2. be delivered or sent by email; and
16.3.3. be presumed to have been received on the date of delivery.
16.4 Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
17. Order Terms and Conditions
All unsatisfactory and short delivered orders should be reported within 7 days of receiving the order, you are encouraged to contact our customer service department for assistance as soon as you receive your order and you have a query.
17.1 We strive to provide you with the best possible printing experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department. We will provide a reprint on any defective print orders, and 100% free expedited reprint on any orders lost in transit.
All policies are subject to change without prior notification. Determination of a defect is at our sole discretion. In most cases, you will be requested to submit digital photos documenting the product defect and/or ship the defective products back to customer service
17.1.1 The Consumer Customer acknowledges and agrees that, due to the inherent nature of the printing process, Fine Art Printers cannot guarantee that:
17.1.2. the Consumer Customer’s Goods Specification Data and the finished Goods will be an exact match in colour; and
17.1.3 where the Goods are produced using full colour printing (also known as process colour or CMYK printing) that all or any Pantone Colours (also known as spot colours) will be accurately reproduced.
17.1.4 there won’t minor deviation in colour between (including but not limited to):
18.104.22.168 colour proofs and finished Goods;
22.214.171.124 Two or more Orders
126.96.36.199 current and previous Orders;
188.8.131.52 the single sheets of one Order; or
17.1.5 there won’t be minor deviations in cutting or folding from folded/unfolded finished formats up to:
184.108.40.206 two (2) mm for all brochures and books;
220.127.116.11 two (2) per cent for advertising products; or
18.104.22.168 one (1) mm for all other products;
17.1.6 This guarantee is in addition to, and does not affect, the Consumer Customers legal rights in relation to Goods that are faulty or not as described.
17.2 Colour Accuracy
We will reproduce colour from submitted print-ready files as closely as possible, but cannot exactly match colour and density. Because of inherent limitations with the printing process, as well as neighbouring image ink requirements, the accuracy of colour reproduction is not guaranteed. By placing an order with us, you agree to this limitation. We will try our best to match the gradient density of each colour, but we accept no responsibility for colour variations between submitted files and the final printed piece.
Under no circumstances will a reprint be honoured for colour variations that have occurred due to artwork not being converted to CMYK.
17.3 Letterheads, deskpads and Notepads – Dark Colours Not Recommended
Please note that because our letterhead and paper stock is “uncoated”, we do not recommend using colours with high colour density. By this we mean dark colours (black, purple, blue, brown, etc). Dark colours tend to get soaked into the paper if their colour values are too high. For best results, use light colours.
17.4 Over Print And Under Print Policy
Due to the gang run method that we use, we cannot guarantee that every order will be the exact number of items ordered. We can only guarantee that it will come within plus or minus 10% of the number of items ordered. Although rare, in the event of an under run, we will give you Store Credit for the amount of pieces we were “short” if over 10% of the order quantity.
17.5 Artwork Files
Our automatic preflight department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to us. We are not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to us, you certify that you have the right to use the image(s) in your artwork files. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork if the font was not converted to curves and images were not embedded
Under these Terms & Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, nudity, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order based on foregoing reasons or for any other reason which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
We may, based on our sole discretion, set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. We are not responsible for the deletion or failure to store any file whether uploaded or designed on our Website. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.
If requested, an online proof will be available for your review after we have received your files for print.
Jobs with proof requests will not be sent to press without your approval unless the proof approval is explicitly waived. It is your responsibility to log in to your account and check on your proof. We are not liable for delays in the order caused by your non-approval of the proof.
An online proof is not an accurate colour reproduction of the final printed piece. It is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and overprint issues. Nor do they show colour change from RGB to CMYK.
The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. You are fully responsible for all that is contained in the final approved proof.
Delivered plotter proofs show reasonable likeness to the final printed pieces. Such proofs are recommended for colour-critical art and must be requested by you when the print order is made. Delivered plotter proofs are printed on a substrate different from the actual paper stock and the plotter machine is not used for while its main purpose is to show colour, variations may occur depending on the finish selected for the final print job.
The request for a Delivered plotter proof involves an additional fee and would extend the amount of time needed to complete the job. For orders where a Delivered plotter proof has been requested, the approval must be received by us on or before our published cut-off times. We will make every effort to match colours in production when a hard copy proof is requested. However, it is your responsibility to determine if they need a hard copy proof with their print order.
An order may not be cancelled once it is “Pre press approved” or “In Production”. Orders placed, paid for and then cancelled before 2 pm CAT on the same day may be cancelled and booked as store credit to be applied to future orders. Orders placed without artwork will have a 21-day window during which artwork may be submitted. After 21 days, orders without artwork will be cancelled automatically for store credit toward future orders.
We are liable to deliver by the latest date specified after an order was processed and delivery will take place any time between 8am to 5pm, however, when a package is not delivered due to an error made by the customer in submitting the proper shipping address, we will reship the package with corrected address and the dates communicated prior will not be considered anymore.
Delivery dates are subject to change if there are any errors with the artwork provided or an order is put on hold.
We will not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond our direct control.