Welcome to Foldfactory. Please read the following rules, which direct your use of the Foldfactory site. Please note that your use of the Foldfactory site (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms and Conditions.
Although it is possible to bypass this agreement to view pages of this site without reviewing it, your use of this Site still binds you to these Terms and Conditions. Foldfactory reserves the right to update or modify these Terms and Conditions at any time without prior notification. Your use of the Site following such changes constitutes your unconditional agreement to adhere to and be bound by these Terms and Conditions as altered. We urge you to review these Terms and Conditions each time you use this Site.
All prices displayed on this Site are in U.S. Dollars (USD), unless otherwise stated. If a request is submitted on the Site to buy design services, printing products, mailing services or other services, you agree that all charges, taxes and shipping/handling fees will be charged to the credit card you provided or paid by you with by another approved payment method. Foldfactory requires each order to be paid in full, including shipping and handling fees if applicable, before work begins on the order.
Payment is required at the time the order is placed. Once the print proof for the order has been approved by the customer, no changes to the artwork files, job attributes, or printing turnaround time are permissible. Any print delays due to your failure to approve a proof in a timely manner is your responsibility and is not subject to a refund.
Refunds typically are not achievable once Foldfactory begins work on an order. Work will only begin after payment has been received, artwork files uploaded, and job proofs approved. If we verify that Foldfactory has made a mistake, we will re-run the order. However we cannot be held accountable for existing errors in your submitted print files.
If you find an error in your print job for which Foldfactory is to blame, we will re-run the order at no additional charge. Upon verification of the error, the order will be re-run with an expedited turnaround time and expedited shipping at our expense.
In some situations, a partial or full refund may be offered to you for a specific order if no work has been completed by Foldfactory. Such a refund may be adjusted to cover fees charged for proofs or other services associated with the order.
Each order placed at the Foldfactory Site is a contract between you, as the customer making the order, and Foldfactory, the entity fulfilling the order. Orders placed on behalf of a third party are your responsibility. Any decision by a third party not to accept the printed items in question, or to cancel the order with you, does not affect your responsibility to Foldfactory.
Our Sales Tax Policy
Unless you are tax exempt, Foldfactory charges sales tax on orders shipped to Minnesota, New York, Maryland and California. If you are tax exempt, please email or fax your tax exemption certificate information to Foldfactory. Foldfactory’s contact information can be found on our Contact Us page.
A digital proof will be available online for your review after Foldfactory has received your file upload. Hard proofs may be requested for an additional fee. Time needed to produce the proof will vary subject to the product you order. Jobs won’t be sent to press without your approval of the proof, whether you choose a digital soft proof or a hard proof. It is your responsibility to log in to your Foldfactory account and approve your proof. Foldfactory is not liable for delayed orders due to untimely proof approval.
The digital soft proof you receive from Foldfactory is not intended to be an accurate depiction of the final color of your printed piece. A soft proof is more of a final opportunity to check the layout, bleeds, crops and final text. Electronic proofs don’t show overprint or transparency issues. They also don’t show color differences that result from the conversion of RGB or Pantone spot colors to CMYK inks.
Foldfactory offers hard copy proofs that show a reasonable likeness to the final printed piece. Hard proofs are highly recommended for color-critical art, and must be requested when the order is entered on the Site. Hard proofs will arrive flat, and unfinished. Though hard proofs are intended to show final printed colors, some variation can occur. This is particularly true if your job will be printed on uncoated paper. Hard proof requests will incur an additional fee and extend the amount of time required to complete the job.
Foldfactory will make every effort to match colors when a hard copy proof is requested. However, it is up to the customer to decide if a hard proof is needed with their print order.
The timing of proof approval can impact when your job is printed. Proof approval must be received by Foldfactory on or before our published cut-off times, or it will be printed on the next business day.
Foldfactory will reproduce color from submitted digital print files as closely as possible. However, even under optimum circumstances, exact color matches are not possible due to an inherent limitation in the printing process. The term “color match” refers to the intended color rendering specified in submitted digital artwork. If the digital print file contains colors specified as Pantone spot colors, Foldfactory will attempt to match that color as closely as is achievable. Please note, however, that only a limited number of Pantone colors can be matched in the CMYK digital printing process.
Because every computer screen renders color differently, artwork as it appears on the computer screen will look different than what will appear printed on paper. A digital soft proof will not match the color or density of a printed piece. Even different programs on the same computer can render color differently. By placing an order with Foldfactory you agree to this limitation of digital printing.
Foldfactory accepts no responsibility for color variations between submitted digital print files and the final printed piece. If color is critical, please request a hard proof, which will be a similar representation to what you can expect from your final printed product. Unless the difference in color is due to an error made by Foldfactory, no requests for a reprint will be honored for color variations due to differences between digital representation and the physical printed piece. We are not liable for color matching or ink density differences that occur between the digital proofs that you approve and the final printed piece.
Application of coating or laminating may alter the appearance of the colors printed on the materials. Foldfactory will not be held liable for the final color appearance of a coated product.
Foldfactory is not liable for errors in a final product caused by any of the following reasons: spelling or grammar; incorrect graphics; improper bleeds; low resolution images, damaged fonts; incorrect modifications to dielines, crop marks, cuts, folds, transparency, overprints, page alignment, page orientation, or finished product size. Foldfactory does not make changes to customer files.
Foldfactory prepress department checks all submitted artwork files prior to printing, but you are still responsible for the accuracy of your print-ready artwork files. Please proofread all files carefully before submitting them to Foldfactory.
By submitting artwork to Foldfactory, you certify that you have the right to use the image(s) in your artwork files. If do not own the copyright on the art you submit, you certify that you have received permission to use the art from the copyright holder. You further certify that your artwork does not violate any intellectual property rights held by another individual or corporation.
You agree that you will NOT upload any artwork files depicting offensive, indecent or improper subject matter, or material that could give rise to any civil or criminal liability under applicable law. You further agree that your artwork does not infringe upon the privacy rights of any persons depicted in the art. Foldfactory will refuse an order, which in our opinion may be illegal 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. Foldfactory reserves the right to refuse an order without disclosing a reason.
Printing Turnaround Time
Printing turnaround time begins when you approve your proof. Foldfactory is not liable for delays caused by unapproved proofs or late proof approvals. You are responsible for logging into Foldfactory and approving your proof. Printing turnaround begins when we have both your print-ready file(s) and confirmed approval of your proof, not when the order was first submitted.
For Foldfactory, turnaround time begins on the next occurrence of 9:00AM Central on a business day. For example, if you approve the proof on a job at 8:50AM Central, the job will go into production that same day. If you approve the proof at 9:10AM Central, the job will go into production the NEXT business day.
Please note that Foldfactory is closed Saturdays, Sundays and U.S. Holidays. As a result, these days are not considered when calculating turnaround time.
Turnaround time for print jobs with ground shipping is not guaranteed. Foldfactory does its best to meet or beat published dates, but other orders with expedited turnaround and/or expedited delivery service do take precedence.
Turnaround time for print jobs with expedited turnaround and/or shipping is guaranteed. To qualify for the guarantee, Foldfactory must have approved proofs by 9 AM Central of the first day of the turnaround period. The guarantee will consider to have been fulfilled when your Foldfactory order has been delivered to the common carrier (usually, UPS). Foldfactory is not responsible for the performance of the common carrier. Sometimes things go wrong with shipping, so if you must have your work by a certain time and day, plan a few extra days into the job cycle and place your order early.
If Foldfactory fails to meet a guaranteed deadline as described, you will receive a pro-rated refund of any rush charges or a free upgrade of delivery service to meet your required delivery date. Cancellation of an order based on printing turnaround time is only allowed if you indicate in the order notes, when placing the order, that the order is time sensitive and must be shipped by the selected turnaround time.
Unless you choose Mailing Services, you must select one of the shipping options available through the order process. When selecting a shipping option, remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, U.S. holidays or the day the package is picked up.
Shipping transit times vary, and Foldfactory assumes no responsibility for delays caused by shipping carriers, weather, or any damages resulting from the failure to receive a job on time. Print orders may arrive late due to unforeseen delays in delivery service, equipment, etc.
Foldfactory’s responsibility is limited to preparing your print order and submitting it to the carrier for shipping. Foldfactory is not liable for damages which occur during shipping. For more information about shipping, please see our shipping page.
We cannot ship to P.O. Boxes or APO/FPO.
Customer mailing list(s), while in the possession of Foldfactory, are the customer’s exclusive property and shall be used only with explicit instructions. Customer mailing list(s) will not be sold or offered for use to any other party, and Foldfactory will not utilize the list for any other purpose.
All mailing delivery dates are estimates, not guarantees. Foldfactory’s responsibility is limited to preparing the mailing as ordered and delivering it to the U.S. Postal Service (“USPS”). Foldfactory’s responsibility ends when the job is delivered to the Chanhassen, MN post office. In no event shall Foldfactory be liable for USPS performance failures or delivery delays.
Foldfactory shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible. Allowable damages shall be limited to the value of the printing work performed. In no case is Foldfactory liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
The customer will defend and hold Foldfactory harmless in any suit or court action brought against Foldfactory or The Bernard Group by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where Foldfactory, acting as the customer’s agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against Foldfactory for actions of the customer's employees which may occur as a result of any mailing.
All complaints must be registered within 48 hours of receipt of your final printing job. Should your job contain manufacturing errors and/or defects (as determined by Foldfactory), Foldfactory will rerun your job at no charge.
All materials we create in producing your printed product are the property of Foldfactory. Although these materials will NOT be sold or given to any other party, please note that your printed product or images used for your printed product will not be used in any national advertising without prior written consent.
Dielines purchased from Foldfactory cannot be returned. Foldfactory dielines may not be repackaged and resold or freely distributed.
GENERAL TERMS AND CONDITIONS
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of Foldfactory and/or various third-party providers (“Providers”). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Corporate Identification and Trademarks
“Foldfactory”, and any and all other marks appearing on this Site are trademarked in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Foldfactory’s prior written consent.
The use of Foldfactory Trademarks on any other Web site or network computer environment is prohibited. Foldfactory prohibits the use of Trademarks as a “hot” link on, or to, any other Web site unless establishment of such a link is pre-approved by Foldcatory in writing.
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Foldfactory.
You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
You agree to promptly update your Foldfactory membership information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give Foldfactory your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping or planning resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Foldfactory’s prior written consent is prohibited.
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Foldfactory programs.
Also, please remember that you are responsible for whatever material you submit and that you, not Foldfactory, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of Foldfactory.
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FOLDFACTORY — INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) — BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by Foldfactory for making a Request.
Some states — to the extent their law might be deemed to apply, notwithstanding the selection of California law as described — do not allow the limitation of liability, so the foregoing limitations might not apply to you.
You agree to defend, indemnify and hold harmless Foldfactory and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.
If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User’s failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of Foldfactory. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Foldfactory, and are neither its employees nor agents.
Termination of Usage
User access to all or part of the Foldfactory Site may be terminated or suspended at any time, without notice and for any reason.
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.
The laws of the State of Minnesota shall govern the performance of these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Chanhassen, Minnesota for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.