Terms and Conditions
Wave Werks Terms and Conditions:
NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEBSITE. WAVE WERKS RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
Wave Werks over / under run policy:
Wave Werks reserves the right to 5% over / under run.
LIMITATION OF LIABILITY
In no event shall Wave Werks or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Wave Werks has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from Wave Werks or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Wave Werks be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
OFFICE HOURS
Our office hours are 10:00 AM – 5:00 PM EST.
TURNAROUNDS
- Printing:
Standard Turnaround: All jobs in by 11 AM EST will be ready by the end of the 3rd business day. Standard turnaround includes any print order of 50,000 pieces with no finishing options. Additional turnaround time will be added to all jobs with special finishing options. These options include (but are not limited to) perforation, scoring, folding, drilling, corner rounding and binding. Additional finishing options add an additional 2 business days to turnaround time.
- CD/DVD Duplication & Audio Mastering:
Our typical turn time is 3-5 business days on CD projects that have less than 500 pieces (Audio Mastering orders take 1-3 business days) and 7-10 business days on orders of 500 or more CDs. Items not listed on the website will be quoted with turn times if requested. CD Replication projects take 13-15 days.
Although we rarely miss production schedules, the duplication, printing and pre-press process involves equipment which is subject to malfunctions and equipment failure. Additionally, the audio mastering process is an artform, not an exact science. We do not use presets to create what you hear on your approved project. Any changes or corrections will take additonal time. 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 Wave Werks can change that. Please try to plan date sensitive materials with time to spare. Wave Werks WILL NOT incur additional cost to meet your deadline even if Wave Werks fails to deliver at the stated or anticipated time. For this reason we advise that you do not advertise CD release parties or store release dates until you have your final product in your hands and have thoroughly checked it over and approve it as complete.
Wave Werks 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.
CD MEDIA
The information in this section is to make the customer aware of certain known issue and technical problems that can arise from certain combinations of CD-R media and CD players. These issues are well documented in the recording and replication industry.
- CD Duplication:
All CDs duplicated by Wave Werks are done so using the short run "CD Burning" process onto CD-R media. None of the CDs we duplicate are manufactured using the CD replication or glass master stamper process.
There are known issues with CD-R media in general that can affect the audio playback of some CD-Rs in certain types of CD players. Generally this problem is restricted to older CD players (over 7 years), car CD systems and portable players. However, this problem can occur with any media or player and is typically caused due to the CD reader or players read laser or lasers being unable to read the table of contents or PQ information on the CD-R. This can result in the CD-R not playing at all in the player or audio skipping. This is usually never a problem associated with the actual CD-R but in fact with the laser on the CD player. Older CD players and car systems sometimes have less powerful lasers and can have errors interpreting the coded information on the reflective surface of the disc.
- Replicated CDs:
Replicated CDs may be manufactured up to 74 minutes in length. All CDs replicated that exceed 74 minutes must accept complete responsibility for incompatibility with some CD players. The original (Red Book) speciication for an audio CD states that no CD shall be manufactured beyone a total playing time of 74 minutes. Since then manufacturers of blank CD media have begun putting 80 minute CDs on the market. While these CD-Rs work in some layers they are in no way guaranteed to work in all players. This holds true of replicated CDs over 74 minutes. The manufacturer chosen by Wave Werks for all of its CD replication jobs was built on the original specifications and still abides by them today. If you would like to have a CD made that is longer than 74 minutes please bring it to our attention and we will make note of it in the manufacturing instructions. Wave Werks has signed a waiver with the manufacturer exempting them from any responsibility for + 74 minute CDs that do not play in all CD players. By purchasing from Wave Werks you agree to this policy and thus eliminate any responsibility from Wave Werks for an CDs over 74 minutes that may fail to play.
- Audio Masters for Replication:
Wave Werks error checks all CDs before sending them to the manufacturer to be replicated.
Every customer who chooses to have their CD mastered at Wave Werks before it is replicated will receive an eror checked reference CD. It is that customers responsibility to listen to the entire CD to verify that there are no problems with the playability of the disc. By approving the mastered CD the customer clears Wave Werks of any responsibility of a faulty CD during the replcation process.
Any CD to be used for repliction that is not mastered (eg. CDs brought to us by you and burned on your computer containing songs from various sources) by Wave Werks will be error checked. However, Wave Werks does not listen to the audio content on these CDs in their entirety. It is the customers responsibility to provide Wave Werks with a CD that meets their standards and the customer accepts 100% responsibility for any errors in playability on CDs replicated from this master. Things that error checking will not find on a CD may included - but are not limited to - clicks or pops between tracks. Many computer CD burning programs will leave a tiny bit of audio at the beginning or end of a CD track. This may be heard as a click or a pop when played back on a CD player. To ensure that these click and pops do not appear please have your replication master created by Wave Werks. CDs mastered by Wave Werks and then copied to other CD-Rs to create a new track order are considered to be created by the customer and cannot be guatanteed by Wave Werks. If a customer needs the track order changed it is advised that the customer bring the tracks to Wave Werks to create a new audio master in the desired order.
PAYMENT
Wave Werks accepts Visa, MasterCard, American Express, and Discover credit cards as well as PayPal and money orders as forms of payment. PayPal payment are preferred as they are the most secure form of online transaction and your payment is guaranteed as long as you have a previously setup PayPal account. Wave Werks will hold all Money Orders until they clear, which typically takes 3-4 business days.
- Fees and Charges:
Wave Werks is not responsible for any charges to its customers such as over-draft fees or insufficient funds fees due to cancelled or declined credit or debit card, money order, or check transactions. Many of todays banks will authorize transactions and place a temporary hold on your funds even if an order is declined by Wave Werks online credit and debit card processing system. In the event that your order is declined by Wave Werks processing system you bank or credit card company may show that they have authorized payment to Wave Werks. However, once our system has declined your order Wave Werks is in no way capable of receving payment for that order. It is the responsibility of your bank, on their terms, to release your funds back to your bank or credit card account. Most banks will release funds within 2-3 business days. Unfotunately some banks have been known to hold temporary authorizations for up to 10 business days. Upon request Wave Werks will assist you in persuading your bank or credit card company to remove the temporary hold. However, Wave Werks does not guarantee that it will be successful in its attempts.
RETURNS / REFUNDS / REVISIONS
Due to the custom nature of all of our products we do not offer refunds once your job has entered production. This includes orders for graphic design, audio mastering, printing, dog tags, CD duplication and DVD duplication.
If a credit for damaged or defective print or CD/DVD media is owed it will be issued in the form of a store credit. Differences in shipping cost will also be issued as a store credit. Any cancellation or compensation given to the customer will be refunded in a timely manner. Please allow up to 10 business days for the monies to be credited to your account.
All refunds (credits) will be issued in the form of a store credit.
Customer must notify Wave Werks within 2 business days of completed order receipt of any defects discovered in the ordered product or the claim will be denied. In order to receive replacement Customer must return 100% of the received product within 7 days (at their own expense) from the time delivery of the completed order 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.
RMA POLICY (Return Merchandise Authorization):
Wave Werks guarantees
prints will not be defective in accordance with industry standards. If
a print is found to be defective, then you may contact Wave Werks for a
reprint. Wave Werks must be contacted IN WRITING via email within 3
business days of your receipt of the completed order. If product is deemed defective
Wave Werks will authorize a Return Merchandise Authorization (RMA)
number for you. A Quality Assurance representative will contact you
within 1-2 business days of your initial query to help issue your RMA number.
Contact with the representative must be established within 5 business
days to verify the request. Wave Werks must receive the package within
10 calendar days after RMA number is issued. Compensation will be
processed only after a RMA number has been issued and the entire
product has been returned to Wave Werks then the refund transaction
will take place within 10 business days.
Samples of the defective
merchandise must be received prior to any resolution.
Reprints will not be place into "rush" production in an effort to reproduce the highest quality product possible. Wave Werks will abide by its own standard turnaround times for all reprinted orders. Reprinted orders will be shipped as specified in the original order. Expedited shipping may be paid for at the customers expense.
Graphic design orders will be given up to 3 revisions (up to 2 revisions for audio mastering orders) at no additional charge. Wave Werks will not issue a refund or credit for any audio mastering or graphic design orders once production has begun. We will make every attempt within our 3 revision policy to deliver a product to you that meets your approval. Once the 3 revisions (or 2 audio revisions) have been issued we will continue work at a rate of $35 per additional graphic design revision or $50 per audio mastering revision to complete the order.
CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Wave Werks, are entirely responsible for all Content that you send, upload, post or transmit via the website or email. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use our services to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Wave Werks or any third party does not control posted by Customers and does not guarantee the accuracy, intergrity or quality of the Content Under no circumstances will Wave Werks be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You acknowledge that Wave Werks does not pre-screen Content, but that Wave Werks and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Wave Werks may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Wave Werks, its users and the public.
GOVERNING LAW
Wave Werks is based in Northfield, Ohio and all transactions take place on Wave Werks servers located in Northfield OH. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Northfield OH. You agree to submit to the jurisdiction of Northfield, OH courts and agree that venue in these courts is proper in any such legal action or proceeding.
INDEMNITY Pt.1
You agree that you shall indemnify and defend Wave Werks and all parties from whom Wave Werks has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products.
ORDER APPROVAL
Please review your order prior to submitting. Wave Werks will not accept changes to orders once they have been placed. We apologize for any inconvenience this may cause. Customer is fully responsible for final proof and layout approval prior to the printing process.
Wave Werks is NOT LIABLE for errors in a final product caused by any of the following reasons:
Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Finished Product Size. We DO NOT make any changes on customer files. Minimum charge for typesetting and design is $50.00.
Wave Werks is NOT LIABLE for errors cause by damaged or corrupt files:
Files can become damaged or corrupt during the upload process. Wave Werks recommends compressing/archiving (Wave Werks suggests WinZip for Windows or Stuffit for Mac) your files before uploading them via our online uploader or sending them via email. Be sure to uncompress your files on your computer to verify that they have not been damaged while being compressed/archived into the .zip or .sit package.
INDEMNITY Pt.2
By submitting my order to Wave Werks "I agree to the following terms".
I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed and that I assume all responsibility for typographical or other errors.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
Color Mode:
- All artwork or designs and images must be provided in CMYK format. Wave Werks is not responsible for any color shift that occurs in conversions from RGB to CMYK or PMS Pantone colors to CMYK color modes.
- Wave Werks is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output.
Image Resolution:
- All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. Wave Werks is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
Image/Canvas Size:
- Given a minor difference in image size from the size specified in your order, our staff will adjust to the size ordered. If the difference is too large you will be notified and asked to resubmit your artwork. If a response is not received in 24 hours we reserve the right to print the artwork as is.
Bleed:
- The output is your responsiblity. The job may not look the way you intended and text left around the edges may be cut off. If necessary, a generic border may be added to customer supplied artwork to prevent text from being cut off during the trimming process.
COLOR PROOFING & MATCHING
Wave Werks 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.
Wave Werks reserves the right to change the paper quality and/or type at anytime, without notifying its customers.
For additional information on RGB and CMYK color modes please see our Full-Color Printing FAQ Articles here.
ORDER CANCELLATION
Wave Werks 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. Please allow up to 10 business days for the monies to be credited to your account.
Orders may not be cancelled or refunded once they have been Plated or any process thereafter. Absolutely no refunds will be issued once an order has been Plated or any process thereafter, including but not limited to Printing, Coating, and / or Finishing.
Once the order has been placed successfully, No Refunds are issued for the logo, graphic design, mastering and myspace design services.
Wave Werks is not responsible for any duplicated orders that are placed on our web site due to the customer mistake.
RE-ORDERS
Due to system requirements all electronic files for job orders will not be kept in our system for more than 30 days after order date. Due to this limitation we no longer accept re-orders of previously printed jobs without resubmission of digital files. All files need to be re-submitted every time an order is placed. We apologize for any inconvenience this may cause. If you have any questions please contact our customer service department.
ORDER SHIPPING AND DELIVERY
Wave Werks will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Wave Werks be liable for any consequential or damages resulting from any delay in shipment or delivery.
All Wave Werks customers agree not to hold Wave Werks liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Wave Werks' direct control. Wave Werks shipment and delivery dates are calculated based upon estimates provided by our suppliers.
Wave Werks can only use its own shipping account and will not use customer provided account numbers for any couriers. Orders must be shipped at whole quantities and may not be split up. Please note that we do not ship to P.O. Boxes.
SHIPPING ERRORS & LOST PACKAGES
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done after 30 days from package shipment. Wave Werks 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,Wave Werks will reship the package with corrected address and charge an additional shipping fee for the initial return and the new shipment.
We reserve the right to refuse service without disclosing a reason.
Prices are subject to change without further notice.
|
