PRESTO PAGE’S TERMS AND CONDITIONS
This Publishing Agreement (“Agreement”) is between the Customer and Graphic Specialties, Inc. D.B.A. PrestoPage.com, 2350 Breton Industrial Park Dr. SE, Grand Rapids, MI 49508 (“G.S.I.”). By paying Graphic Specialties, Inc. for all or part of a book printing order, the Customer acknowledges that these terms and conditions bind them.
These terms and conditions incorporate the General Terms and Conditions for Additional Services offered by Graphic Specialties, Inc.
1. Nature of Services
These Terms and Conditions constitute a contract for book printing services provided by G.S.I. and its contractors and assignees. The Customer agrees to supply print-ready electronic files (as defined below), timely proof approval, and credit card, certified check, wire transfer, PayPal, or Stripe payment as detailed below. G.S.I. agrees to provide timely book delivery within the provisions and standards described here.
2. Submission of Book – Print-Ready Electronic Files
Books must be submitted for printing in print-ready, PDF format, with 1/8″ bleed and fully-designed and finalized covers (front and back). The Customer or G.S.I. can supply Print-ready files via the Customer’s purchase of cover and/or interior design services.
Customer understands “print-ready” means that the file is:
- High-resolution 300 DPI (Dots Per Inch) minimum
- Certified PDF with embedded fonts
- Deemed printable by our book printing partners after submission
Should G.S.I.’s printing department or its printing partners not deem the files print-ready, the Customer will have the option of:
- Having G.S.I. provide Customer a quote for the required formatting or other work to make the file print-ready and then making said changes upon Customer payment
- Making the required changes using any person of Customer’s choice; or
- Canceling the print order after payment of all printer’s set up fees incurred by G.S.I. for the Book before cancellation. The Customer further acknowledges that any time required to make the file print-ready will delay the printing process.
The Customer acknowledges that the following files are NOT print-ready:
- Low-resolution PDFs of Customer’s formatted Book provided by Customer, another publisher, a printer, or any other third-party.
- Any other files are requiring changes to reach print-ready status.
3. Printing Time Frame
Customer acknowledges that the printing timeframes below cannot be guaranteed but can only be used as a guide. While the timeframes for completion are fairly accurate, Customers should order books well in advance of when they are needed. The Customer acknowledges that circumstances beyond G.S.I.’s control, such as time of year, equipment issues, etc., may extend timelines beyond the estimates below and that G.S.I. is not responsible for delays in this manner.
All-time frames below are only valid upon receipt of print-ready files:
- Initial Review of Submitted File – One to three business days.
- Delivery of Physical Proof: Seven to Ten (7-10) business days from initial print order placement for Short Run and Offset print runs. Seven to Ten (7-10) business days from approval of submitted print-ready files for P.O.D. Printing.
- Delivery of Electronic Proof – Four to Six (4-6) business days from initial print order placement.
- Completion of Printing after Proof Approved by Customer:
- Black and White Digital Printing: 7-10 business days
- Color Digital Printing: 7-14 business days
- Black & White and/or Color Offset Printing: 14 to 21 business days
The Customer acknowledges that G.S.I. will select an appropriate printer at G.S.I.’s discretion based on the specifications of the initial order quantity indicated by the Customer and other factors.
4. Proof Process
G.S.I. will furnish the Customer with physical proof and/or electronic proof of the Customer’s Book. Should G.S.I. have provided BOTH the print-ready cover and interior files on behalf of the Customer, The Customer will be required to order a physical proof at the time of their print request. In all other instances, it is up to the Customer to determine at the time of the order which proof type they would like to receive.
a. Electronic Proof Definition
An electronic proof supplied by the printer is a PDF file of the interior and a PDF file of the cover with the appropriate trim marks on the cover. The color on the cover may appear to be different on the Customer’s monitor than on the final printed books.
b. Physical Proof Definition
Physical proof is a digitally printed physical copy of the Book that the Customer will hold and represent how the Book will look printed.
The Customer recognizes that some physical proofs contain crop marks (indicating where the cover and/or interior of Customer’s Book will be trimmed during the actual print process). The Customer acknowledges that Customer’s responsibility to review said crop marks when reviewing the physical proof and that approval of a physical proof containing crop marks also indicates approval of where the book cover and/or interior will be trimmed.
The Customer acknowledges that a proof, depending on the printer, may or may not be fully bound, printed on final materials, or have cover finishes and/or lamination. If the Customer’s books are being printed at a facility that does not offer bound proofs, the Customer acknowledges that this is non-negotiable.
The Customer’s physical proof will be sent by standard-delivery parcel post. If the Customer requests the proof to be sent by overnight mail, G.S.I. will send an overnight proof delivery charge of $55.00. This charge will be made at the time the physical proof is shipped.
The Customer’s electronic proof will be presented to the Customer for approval via email/WeTransfer/FTP. The Customer will be able to download and review the proof via email/WeTransfer/FTP.
Upon receipt of the physical or electronic proof, the Customer agrees to promptly inspect the cover proof and the interior proof for any errors on the cover or in the Book’s interior, including content errors.
c. Proof Approval
The Customer agrees to indicate approval of proof promptly. The Customer acknowledges that G.S.I. cannot begin printing the Book until the Customer approves the physical or electronic proof. Once the proof is approved, the Customer acknowledges that production will be commenced, books will be produced as agreed via the proof, and no further changes will be accepted.
Any changes that the Customer requests to be made after the proof is approved and printing has commenced will incur an additional charge. G.S.I. will get the Customer a quote for the change, and the Customer can determine whether to stop the printing process and make the changes. The job will be delayed if this occurs. The Customer must make payment for the changes before the changes are completed.
d. Proof Rejection
If proof is disapproved for any reason, Customer will have the option of having G.S.I. provide Customer a quote for the additional formatting and then making said changes upon Customer payment OR making the required changes using any person of Customer’s choice to provide new print-ready files for the creation of new proof. Upon receipt of revised print-ready files, the Customer will choose to waive the receipt of an additional proof, order a new electronic proof, or order a new physical proof.
Regardless of whether a new proof is requested, a charge of $100.00 per modified file will be assessed to upload the new files to the printer. If and when a new physical proof is ordered, an additional $100.00 charge will be assessed for each additional physical proof order. Additional electronic proofs can be requested at no charge.
If, after receiving the first proof, the Customer requests G.S.I. make any changes to the Customer’s uploaded files, G.S.I. will review the files and determine if it can make the corrections. If the changes can be made, G.S.I. will give the Customer a quote, and if the Customer agrees and makes the payment, the changes will be made by G.S.I.
If the Customer rejects a proof, the printing process will be delayed as the printing process cannot commence until the proof has been approved. The Customer may request as many proofs as necessary, and the Customer acknowledges the charges and time delays that will occur for requesting multiple proofs. After the Customer receives the new proof, the same procedure will apply as described above under Proof Process until the proof is approved.
5. Printing Standards
Should quality issues arise, G.S.I. agrees to provide the best efforts to resolve the issue. However, the Customer acknowledges and agrees that the following industry standards for book printing are acceptable tolerances and are not grounds for rejecting the proof or any printing of any amount of books:
- Cover Color:
- Per CMYK standards
- Print Standards:
- Ink density — per standard S.W.O.P. printing standards [SWOP stands for “Specification Web Offset Publications.” SWOP maintains industry-standard levels for printers and publishers.]
- Folds — signature folded square + / – 1/16″ [The 1/16″ folding is the allowed tolerance during the signature’s fold operation. A signature can be folded 1/16″ off of center and still be considered an acceptable industry product.]
- Matte Lamination is susceptible to scratches and scuffing. If choosing matte lamination, G.S.I. is not responsible for any scuffing or scratches that may occur.
- Bind Standards:
- Trim — + / – 1/16″ [Printer allows a margin of error of 1/16″ when trimming the books]
- Page pull — 30 psi [The page pull is an industry-standard that the printer bases the strength of their books on. They use a calibrated machine to make sure that the psi is maintained. P.S.I. stands for “pounds per square inch.”]
- Content Errors:
- Any content errors, including but not limited to spelling errors, grammatical issues, spacing issues, etc., that were present in the cover and/or interior file(s) that the Customer approved before printing are not reasons for rejecting a book order. If Customer discovers content errors in the physical proof, Customer may contact G.S.I. and request revisions to Customer’s cover/interior, the cost of which is specified in this Agreement.
The Customer must notify G.S.I. if there is a quality, printing, or binding issue (“Issues”) with the books within ten (10) business days of the day on which the Customer receives the initial delivery of books. The “initial delivery of books” is when the Customer receives one or more copies of his/her Book or when any third-party warehouse receives copies, whichever is first. If Customer fails to notify G.S.I. within ten (10) business days of any Issues, Customer accepts the books “as-is,” and no other remedies are available. The Customer acknowledges that it is the Customer’s responsibility to make sure that Customer receives a copy of one or more of the books printed to inspect them per this paragraph.
If the Customer does have an Issue and said the issue is not within “acceptable tolerances,” as set forth above, G.S.I. shall have 30 days to cure the issue by offering at its discretion reprinting of damaged books, replacement of damaged covers, or any other such measures as it deems commercially necessary to resolve the issue. If Customer refuses G.S.I.’s offer to fix an Issue, Customer acknowledges that no other remedies are available, including but not limited to commencing an action G.S.I.’s breach of contract, unless and until G.S.I. has had the opportunity to fix the issue.
6. Pricing Quotation and Payments
G.S.I. will honor quotes issued through our automated system or email for 30 days from the date the quote was generated. Note that shipping charges are not included in the estimate/quote. Shipping charge estimates are not available until the final proof approval is received due to variances in shipping sizes and weights unknown until that time. Shipping charges will be added to the Customer’s final payment installment. Shipping will be via the most economical available method (normally U.P.S. or FREIGHT) unless the Customer makes other arrangements.
A. Payment Methods.
The Customer may pay via certified or cashier’s check (no business or personal checks) or via credit card (MasterCard, Visa, Discover, or AMEX). If the Customer pays via credit card, an additional 2.9% will be added to cover the credit card processing fees charged to G.S.I. by its credit card processing company.
B. Payment for New Print Jobs
For all initial print runs with new files (initial runs and reprints with new files), The Customer shall pay via one of the methods outlined in Section 7A.
C. Payment for Reprints by Existing Customers
For all reprint runs (using existing files), payments will be charged to the Customer’s credit card of record according to the following schedule (and or paid by check as follows):
- 100% of the quoted printing amount will be charged when the Customer completes their print request and reviews the printing quote from a G.S.I. estimator.
- For all P.O.D. print runs, the initial payment will include the shipping charges.
- For all other print orders, G.S.I., at its discretion, may require a deposit on shipping/freight charges to be billed at the time of order.
- Payment of all “Final Charges” as defined in Section 6D
The Customer acknowledges that no books will ship until all monies are owed to G.S.I. for the said print job and related items (e.g., shipping, file changes, etc.).
D. Final Charges
All print orders shall have a Final Charge associated with them and shall be paid before any books’ shipment. Final Charges include
- Shipping/freight charges
- Over / underrun quantities. This final charge could also include industry-standard over/under-run quantities and associated charges of no more than ten percent (10%). The Customer agrees to accept ten percent (10%) over/under as conforming to the original quantity agreement. For example, if the Customer orders 500 copies of the Customer’s Book, a print run may produce an extra 50 copies or be short 50 copies. Customer agrees that Customer will pay for those additional copies (10% over the initial run quantity). Customer acknowledges that a print runs up 10% less than Customer’s desired amount does not invalidate Customer’s obligations hereunder.
- Any additional charges, e.g., additional proofs, changes to any specifications originally quoted, or minor design charges not already paid by Customer.
7. Shipping of Books
The Customer must provide accurate shipping addresses and phone numbers and any special shipping requests or instructions before the Customer’s proof order. G.S.I. will make every effort to accommodate changes to shipment requests (e.g., change in address, quantity adjustments among several shipment destinations, etc.) after proof order is submitted, but cannot guarantee such changes can be made if G.S.I.’s printing partners deem it too late in the printing process to make shipment adjustments.
The Customer acknowledges that finished print orders cannot be stored at the printing facilities, and accurate shipping information must be in place to ship books upon completion of production.
G.S.I. is not liable for any damage caused to books in transit but will assist the Customer in any claims against the shipping provider. The Customer must notify G.S.I if any books have been damaged by shipping within ten business days of receipt of any book order portion. If Customer fails to notify G.S.I. within ten business days, Customer forfeits his or her right to make a claim.
The Customer acknowledges that climate variances can cause books to warp. The Customer further acknowledges that warping can be minimized by shrink wrapping and that the Customer may choose to have G.S.I. shrink wrap books for shipment and that additional fees will apply. G.S.I. is not responsible for weather-related damages to books but will assist The Customer in filing claims with freight delivery companies, so long as the shipment was shrink-wrapped. If books are not stored in a climate-controlled facility, G.S.I. is not responsible for any damages.
If Customer has not purchased distribution services through G.S.I., The Customer acknowledges that G.S.I. cannot work with Amazon or any other third-party reseller or assist Customer in coordinating shipments to Amazon or other resellers’ fulfillment warehouses. G.S.I. can arrange for books to ship to a personal address of the Customer’s choosing. The Customer will be responsible for coordinating his or her own inventory shipments to Amazon or other resellers. G.S.I. will not be liable for any shipment rejections or additional charges that may arise if the Customer submits a shipping address for Amazon or other third-party facilities. G.S.I. will not be liable for any delays or additional charges resulting in errors in the Customer’s shipment data.
The Customer may coordinate their own book shipment from the printing facility to any warehouse and/or another drop-off point.
8. G.S.I.’s Warranties and Indemnities
G.S.I. warrants that the books produced will substantially conform to the description contained on the quotation’s face and will conform to usual book printing industry standards. There are no other warranties express or implied.
9. Customer’s Warranties and Indemnities
Customer represents and warrants to G.S.I.:
- That Customer has not assigned, pledged, or otherwise encumbered the rights to the Book being printed.
- That Customer has full power to enter into this Agreement
- That Customer is the copyright holder, the attorney-in-fact for the copyright holder, and/or otherwise has the legal authority to print books on behalf of the copyright holder
- That the Book being printed and all rights therein are free of liens, claims, or interests of any kind
- That the Book being printed is entirely original except for portions thereof which are in the public domain or for which legally effective written licenses or permissions have been secured
- That the Book being printed does not violate or infringe upon any personal or proprietary rights, including without limitation privacy rights, contract rights, or publicity rights of any other persons or entities
- That the Book being printed is not libelous
- That the Book being printed does not infringe upon any statutory or common-law copyright.
- That all public domain material used in the Book being printed is actually in the public domain, to the best of the Customer’s knowledge
Suppose any claim, action, or proceeding based upon an alleged violation of any of these warranties is made against Customer or G.S.I. by anyone. In that case, both parties will have the right to defend the same through counsel of their own choosing. No settlement by either party will be effected without the prior written consent of the other party, which consent will not unreasonably be withheld.
Further, the Customer will indemnify and hold harmless G.S.I. against any damages resulting from the Customer’s violation of any warranties. This means that Customer will indemnify G.S.I. against the entire expense (including reasonable costs, disbursement, and reasonable attorney’s fees) attributable to G.S.I.’s defense or settlement of any claim, action, or proceeding based upon an alleged violation of any of these warranties, including any fees, damages or settlements that G.S.I. is required to pay to anyone due to Customer’s breach of any warranty.
These warranties and indemnities will survive the termination of this Agreement.
10. Term and Termination
The Agreement shall continue until either party terminates according to the terms set forth herein or until the Customer’s Book has been printed, shipped to, and received by Customer. The terms of this Agreement only cover book printing. Other services from G.S.I., book distribution, design, editing, marketing programs, and others listed at https://prestopage.com/terms have separate terms and conditions. Should the Customer reprint their Book, the Customer acknowledges that this Agreement may have changed and that he/she must agree to the updated Agreement to reprint. Payment for any reprint order constitutes an Agreement to and acceptance of the current Agreement at the time of renewal.
b. Termination by Customer
Customer may terminate this Agreement at any time and for any reason by providing written notice via email, fax, or certified mail, provided that if such notice is transmitted to G.S.I. via email, fax, or certified mail, G.S.I. acknowledges receipt thereof from Customer.
If the Customer terminates before the printing process’s commencement, the Customer shall receive a full refund of all monies paid. “Commencement of the printing process” is defined as (1) Customer’s submission of files.
If the Customer terminates after the commencement of the printing process, but before the actual printing of books has started, the Customer shall receive a refund equal to fifty percent (50%) of the total cost of the print job. For example, if the total cost of a print job was $2,000.00 and the Customer paid $1,000, then chose to terminate after the commencement of the printing process, the Customer would not be entitled to any refund as the Customer’s partial payment was 50% of the total cost of the print job. The Customer acknowledges that such charges are fair and reasonable and compensate G.S.I. for its time and effort concerning the printing process.
Once the actual printing of any amount of the Customer’s Book has started, no refunds will be given.
G.S.I. will make all refunds within thirty (30) business days after the Customer’s notice of termination has been provided. G.S.I. has ten (10) business days to send all intellectual property to the Customer upon Customer’s request.
Termination of any other services provided by G.S.I. is outlined in the terms and conditions for those services under a separate agreement for any said service.
c. Termination by GSI
GSI may terminate this Agreement, the provision of any service hereunder, and printing and/or publication of Customer’s Book with or without cause, for any reason and at any time, upon written notice to Customer. In no event will G.S.I. be obligated to print and/or publish a book of any kind, including but not limited to those who, in its opinion, violate the common law or statutory copyright, the right of privacy of any person, contain libelous or obscene material, and/or promote hate, violence, or illegal activities. If G.S.I. terminates the Agreement, G.S.I. will immediately refund all customer monies for services not yet commenced.
G.S.I. may terminate this Agreement if the Customer owes G.S.I. any monies for additional services, distribution fees, or any other service (e.g., returns, cover revision fees, interior revision fees, etc.) and has not paid G.S.I. within ten (10) business days of receiving an invoice from G.S.I. either through the mail, email, or via the Author Center.
All notices required or permitted under this Agreement shall be addressed to the addresses listed below. Customer: To the address provided by the Customer. PrestoPage.com c/o Graphic Specialties, Inc., 2350 Breton Industrial Park Dr. SE, Grand Rapids, MI 49508
b. Entire Agreement
This Agreement contains the entire Agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
If any provision(s) of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision(s) of this Agreement is invalid or unenforceable, but that by limiting such provision would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This Agreement may not be modified or amended except by a written instrument signed by the undersigned parties hereto.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
f. Applicable Law
This Agreement and all related documents (including all exhibits attached hereto), and all matters arising out of or relating to this Agreement, are governed by and construed following the laws of the State of Michigan, United States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Michigan. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to this Agreement and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than United States District Court for the District of Michigan or, if such court does not have subject matter jurisdiction, the courts of the State of Michigan sitting in Kent County. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in United States District Court for the District of Michigan or, if such court does not have subject matter jurisdiction, the courts of the State of Michigan sitting in Kent County. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
g. Prevailing Parties
The prevailing party in any suit brought by either party hereto to enforce the terms hereof shall be entitled to recover from the non-prevailing party all of said prevailing party’s reasonable costs, distributions, and attorney’s fees, including all collection cost (e.g., fees paid to a collection agency) and attorneys’ fees incurred in attempting to collect any judgment hereunder.
h. Assignment and Delegation
Customer may not assign any of Customer’s rights under this Agreement without the prior written consent of Graphic Specialties, Inc., which shall not be unreasonably withheld. Nor may Customer delegate any of its obligations under this Agreement without the prior written consent of the G.S.I. and, in any event, no delegation shall relieve Customer of any of Customer’s obligations under this Agreement.
G.S.I. may, without the consent of the Customer, assign any of its rights or delegate any of its duties under this Agreement without any prior consent; provided that any person or entity to whom any right, title, obligation, or interest in this Agreement shall be assigned or delegated shall be subject to and bound by all of the terms and conditions herein as if they were the original party hereto.
i. Counterparts and Fax or Electronic Signature
This Agreement may be executed in one (1) or more counterparts, each of which shall be deemed to be an original, but all of which together will constitute one (1) and the same instrument. Further, one or both parties may execute this Agreement via electronic signature or fax, and such signature will be deemed original. Payment for the services outlined in this Agreement via credit card online or via fax signature constitutes the Customer’s acceptance to the terms set forth herein.
j. Customer Remedies & Limitation of Damages
The most Customer may ever sue G.S.I. for is the amount paid for any services rendered hereunder and not refunded at the time of commencement of litigation by Customer. G.S.I. is not liable for any other damages, including but not limited to any incidental or consequential damages, damages for loss of profits, missed sales opportunities, business interruption, loss of business information, or any other type of pecuniary loss.
All dollar amounts outlined in this Agreement and those incorporated as part of this Agreement are in U.S. Dollars.