Customer is fully responsible for final proof and layout approval prior to the printing process.
Media Monkey is NOT LIABLE for errors in a final product caused by materials provided from the customer.
The internal laws of the State of Illinois shall govern the performance of the Agreement, including 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 DuPage County, Illinois for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEDIA MONKEY – INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS 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 A MEDIA MONKEY PRODUCT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO MEDIA MONKEY.
You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom Media Monkey has licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your breach of the Terms and Conditions, (B) your dispute with another customer, and (C) any image or content being reproduced as part of your order. If using Media Monkey on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format. Media Monkey is not responsible for any color shift that occurs in conversions from any other format to CMYK color modes.
All artwork, designs and images must be provided in minimum of 350 DPI and CMYK color mode. Media Monkey is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
COLOR PROOFING, MATCHING & PRINTING
Media Monkey is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
Media Monkey will try it’s best to match the gradient density of each color, Media Monkey is not liable for the final appearance of a color.
We cannot guarantee the facility in which your order will be printed. In the case of a mechanical issue in one of our facilities, we may print your order in another facility to ensure you receive your order in a timely manner.
Media Monkey will be happy to help you cancel your order prior to Approval. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.
If job is canceled any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. Minimum is $15 ( 15%-30% of total transaction )
All work and services rendered to Customer remains Media Monkey’s property until Customer has paid for it and discharged all other debts owing to Media Monkey. If Customer misuses service(s) in any way, Media Monkey reserves the right to contact the parties responsible for the misuse, and demand the cost for the service(s).
RETURNS AND REFUNDS
Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.
Customer must notify Media Monkey within 6 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken.
All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped by customer’s own expense.
ORDER SHIPPING & DELIVERY
Media Monkey will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Media Monkey be liable for any consequential or damages resulting from any delay in shipment or delivery.
All Media Monkey customers agree not to hold Media Monkey liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues, Acts of God or any other circumstances beyond Media Monkey’s direct control. Media Monkey shipment and delivery dates are calculated based upon estimates provided by our suppliers.
Media Monkey will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
Orders that will be picked up: Please allow up to one additional business day after the turnaround to prepare packages for pickup.
Orders that will be shipped: Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping from UPS. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for Media Monkey to relay your information and for UPS to pick up, and the following 3 business days/non-holidays for your shipment to arrive.
Please be advised that we do not combine different items or orders for shipping. Due to the nature of gang-run printing, each item may be placed on a separate batch, and each batch may be completed at a different time than the rest of the items on the order. Thus, we ship each item separately to ensure you receive your products as soon as they are ready. We may combine shipping for items that have the same options, such as paper stock, quantity, etc.
Shipping rates for high quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.
Orders that will be direct mailed: Expected delivery date and processing times are not guaranteed. USPS may deliver your order late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. Media Monkey is not liable for USPS performance failures or direct mail delivery delays, after the order has been handed over to USPS.
SHIPPING ERRORS & LOST PACKAGES
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done within 30 days from package shipment. Media Monkey is not responsible for 3rd party shipping errors, omissions or damaged shipments.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Media Monkey will reship the package with corrected address and charge an additional shipping fee for the shipment and if necessary production fee.
CREDIT CARD CHARGES
Order exceeding $200 or greater may require an authorization form and copy of credit card and a valid photo I.D.
All prices are subject to change without notice, no adjustments will be made.