Terms and Conditions of Sale
Last updated Feb 7th, 2023
By placing an order with BGSplus Inc., you agree to be bound by the following Terms and Conditions. By placing any orders thereafter you agree to accept all Terms and Conditions of this agreement and create a legally binding contract with BGSplus Inc. for graphic design, web design, printing and installation services, and will be responsible for payment in full as outlined in this agreement. It is your responsibility to carefully read these Terms and Conditions before placing any order. We shall have the right to modify the BGSplus Inc. Terms and, thus, you should review them periodically.
“Seller” and "us" means BGSplus Inc. “Customer” and "you" means the person whose name is printed on the Order. “Contract” means the order and Order Confirmation (incorporating any Special Conditions) “Goods” means the products or services which the Seller is to sell in accordance with these Terms and Conditions of Business. “Order” means the Customer’s order for Goods or services. “Order Confirmation” means the Seller’s Order confirmation. “Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable. “Person” means any person, firm or company. “Special Conditions” any conditions in relation to Orders set out and designated as such in the Order Confirmation. “Terms and Conditions of Order” means the standard terms and conditions of business set out in this document. “Writing” includes, other than for the purpose of Intellectual Property, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
2. Printing & Cutting
2.1. BGSplus Inc. guarantees quality of the print job and paper stock only. Print and paper stock issues include: form alignment, smudges, incorrect perforations, ghosting, incorrect folding, incorrect size, incorrect paper weight, incorrect finish and incorrect paper/vinyl stock.
2.2. The Seller cannot guarantee "match-print" colour fidelity and cannot prevent slight colour shift throughout an Order because of limitations in the printing process, as well as neighboring image ink requirements. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent. Please note that the application of UV coating may have an effect upon or change the appearance of printed colours. BGSplus Inc. is not liable for the final colour appearance of a UV coated product.
2.3. ALL files must have an 1/8" bleed all around. A $25 fee may be charged to create a bleed if it has not been incorporated in your files. This fee is solely at the Seller’s discretion. Critical type or images must be at least 1/8" from the edge of the artwork. BGSplus Inc. is not responsible for type, art or images that are cut off if these guidelines are not followed. Furthermore, it is strongly suggested that you do not use a thin border around your artwork. This may cause an uneven frame around your final product. If you desire to have a border, it should be at least 1/4" thick.
3. Graphic & WEBSITE Design
3.1. All services provided and all materials produced by BGSplus on customer’s behalf will become the customer’s property upon full payment of service.
3.2. BGSplus retains the right to:
3.2.1. use work produced for the Customer as part of its portfolio materials in both its online and offline portfolios; and social media.
3.2.2. add your firm to our client list; and
2.2.3. use your work in design competitions, publications, exhibitions, or other promotional purposes.
3.3. Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, will remain BGSplus’s property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.
4. Signage and Signage Installation
4.1. Portable Display Products:
All our portable display products are covered under LIMITED LIFETIME WARRANTY against manufacturing defects in design, materials, quality or workmanship. In the event of product being damaged or faulty during the course of normal use please contact us immediately. We will either arrange for collection of the whole displays and send replacements, or send replacement parts. Please keep all damaged goods as we will want to collect and inspect them. The warranty does not extend to damage caused by negligence and abuse, nor does it protect against normal wear and tear such as scratches, associated with normal routine use, as well as transport damages.
4.2. Printed Vinyl Decals / Multi-Colour Vinyl Lettering / Adhesive Vinyl. Material and Installation:
3-MONTH FULL REPLACEMENT WARRANTY: BGSplus Inc. will replace/reinstall at no cost for the buyer any vinyl that fades, splits, cracks, peels up or falls off within 3 months of installation date. No changes in copy, material or any such detail shall be allowed.
4.3.1. In no event shall BGSplus Inc be liable for other than the repair or replacement of any defective Products.
4.3.2. In no event shall BGSplus Inc be liable for any damages, direct or indirect, special or consequential, including, without limitation, damages for lost profits, business interruption, or economic lost arising out of defects in the Products.
4.3.3. In no event shall BGSplus Inc be liable for any damages or injuries causes by a portable display or any signage product that has not been secured properly by the Buyer.
4.3.4. In no event shall BGSplus Inc be liable for any damages or injuries caused by the installation or normal usage of products installed by third parties. BGSplus Inc acts solely on behalf of the Customer in engaging the services of third parties on the usual terms and conditions on which the third parties offer such services.
Our posted turnaround times begin ONLY after an order has been "received". Orders are considered "received" and are put into production ONLY when the following conditions have been met:
5.1. If applicable, All files have been correctly submitted,
5.2. The Customer has approved the online proof and has given the go ahead to proceed with production in writing, and
5.3. Payment information has been provided, and downpayment has been processed.
5.4. Please note that our cutoff time is 10am EST. Production will begin the following day for Orders received after this time. Although we rarely miss production schedules, the printing and pre-press process involves equipment which is subject to malfunctions and/or equipment failure. We will always do everything in our power to make sure that any production problems do not delay your job. However, please note that all production and delivery times are not contractual and no turnaround time can be guaranteed. No verbal or written correspondence by anyone at BGSplus Inc. can change that. Please try to plan date sensitive materials timely.
6. Order Approval/Proofing
6.1. Any revisions, additions, or alterations to the project modifying the terms of the agreement as the services to be performed and not included in any fee specified, shall be billed as additional services.
6.2. Customer is fully responsible for final online proof and layout verification and a writing approval prior to submission to the print process. BGSplus Inc. DOES NOT make any changes on Customer files after the files have being approved by the Customer. Once you give the Seller the go ahead to proceed with production you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. BGSplus Inc. will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.
6.3. BGSplus Inc. does not provide proofs for any order unless the Customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc).
6.4.If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.
All prices are in Canadian dollars. The buyer shall be responsible for all applicable taxes. Payment must be made in cash, e-transfer, bank checks, Visa, MasterCard, Amex, or PayPal. Payment shall be whatever was set forth in the quotation or invoice unless otherwise provided in writing. The person placing the order will be personally responsible for any outstanding debt owing. An additional $45.00 fee will be charged to original amount for return cheques. As security for payment for any sum due or to become due under terms of any Agreement, seller shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in seller's possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance or guarantee of payment shall not affect such security interest and lien. Quoted prices are valid for 30 days.
7.1. Payment Schedule
Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per below:
7.1.1. Downpayment: 50% deposit upon contract acceptance (non-refundable and non-transferable)
7.1.2. Final Payment: 50% balance due upon delivery of the final goods
The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be via BGSplus Inc.'s sales representative or carrier. The Seller will endeavor to process the Order and manufacture the Goods within the time period stated for each item. However, because manufacturing time varies by item, the Seller reserves the right to combine items into one shipping package or to ship items separately. Any dates quoted for delivery of the Goods are estimate only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Customer arising from any delay in the delivery of the Goods however caused. The Customer must inspect the Goods upon delivery and, whether the Goods have been delivered by carrier or by a BGSplus Inc.'s sales representative, the Customer must sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Customer. If the Customer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price.
9. Refund & Cancellations
We urge our Customers to proof read all content prior to submitting final artwork approval. Once approval has been received and the order has entered the production cycle, refunds are not allowed. No partial refunds given for work not completed. If the order you placed is incorrect due to an error on our behalf, we will either re-print your order for free or issue a full refund. If the order is being re-printed, no changes in copy, paper quality, quantity, or any such detail shall be allowed. In those cases in which the error was created by the Customer (typographical errors, wrong names, etc.), BGSplus Inc. will reprint any product due to customer’s error at customer’s expense.
10. Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us, in no event will the information you provide to us that is deemed confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
11. Data Protection
BGSplus Inc. is committed to protect the privacy of our Customers. We believe it is important for you to understand that we protect the integrity of any personally identifiable information that you may provide to us by the time of order.
The Customer shall indemnify, defend and hold harmless the Seller, our affiliates, business partners, officers, directors, employees and agents from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all matter of claims, demands, actions and proceedings that may be instituted against BGSplus Inc. on grounds alleging that the said company violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that BGSplus Inc. contributed to the matter. The Customer agrees, at the Customer's own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the Seller, provided that the seller shall promptly notify the customer with respect thereto, and provided further that the seller shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.