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Terms and Conditions

Last updated: November 11, 2019

PLEASE READ THESE TERMS OF USE (“TERMS”, “TERMS OF USE”) CAREFULLY BEFORE USING THE BOSS PRO Print WEBSITE (THE “SERVICE”) OPERATED BY Boss Pro (M) Sdn Bhd (“US”, “WE”, OR “OUR”). YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT ACCESS THE SERVICE.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Age

You are not allowed to use this Site and its services if you are under 18 years old. Any access to or use of the Site or its services by anyone under 18 is expressly prohibited. By accessing or using this Site, you represent and warrant that you are at least 18 years old or older.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Boss Pro (M) Sdn Bhd and its licensors. All content included on this Site, including, without limitation, data, information, design, icons, illustrations, images, graphics, graphs, charts, maps, images, pictures, photos, software, typefaces, writings and other materials and compilations (collectively , “Content”) are the intellectual property and works of BOSS PRO Print, its licensors, and / or third-party suppliers (“Providers”). Except as expressly provided otherwise by us, nothing made available to users through this Site may be construed to grant any license or title or material published or otherwise made available through the Site or its services, whether by estoppel, implication, or otherwise.

All rights not expressly granted to you in these Terms & Conditions are expressly provided by us.

Corporate Identity and Trademark

“BOSS PRO Print” and any and all other marks appearing on this Site are trademarks of Boss Pro (M) Sdn Bhd in the Malaysia and other jurisdictions (“Trademarks”). You may not use, copy, republish, reproduce, post, paste, upload, transmit, distribute, or modify the Trademarks in any way, including in advertising or publicity pertaining and related to the distribution of materials on this Site, without Boss Pro (M) Sdn Bhd prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. Boss Pro (M) Sdn Bhd further prohibits the use of Trademarks as a “hot” link on, or to, any other website unless establishment of such a link is pre-approved by Boss Pro (M) Sdn Bhd in writing.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Boss Pro (M) Sdn Bhd.

Boss Pro (M) Sdn Bhd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Boss Pro (M) Sdn Bhd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

User Feedback, Comments and Other Submissions

You may provide feedback, comments and suggestions for improvement to this Site (“Feedback”). You acknowledge and expressly state that any contribution to the Feedback does not and will not grant or grant you any right, title or interest on the Site or any such Feedback. All Feedback is the sole and exclusive property of Boss Pro (M) Sdn Bhd, and Boss Pro (M) Sdn Bhd may use and disclose the Feedback in any manner and for any purpose without further notice or compensation to you and without your retention of any right or claim of rights or otherwise.
You hereby grant to Boss Pro (M) Sdn Bhd any and all rights, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, how, knowledge, moral rights and any all other intellectual property rights) that you may have and for any and all feedback

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Malaysia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Entire Agreement

These Terms & Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the “Agreement”) between you and each Protected Party or Covered Party relating to the subject matter hereof and replace any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making amendments or modifications contained on this Site.

TERMS AND CONDITIONS OF THE ORDER

Payment

All prices and amounts shown on this Site are in Ringgit Malaysia (MYR), unless otherwise stated. All prices set forth on this Site and set forth herein are based on current costs and are subject to change without notice; payment amounts and other terms may be subject to additional agreements between Users and BOSS PRO Print.
If a User submits an order on the Site to purchase printed products, design services, mailing services or other services, the User understands and agrees that all charges, taxes and shipping / handling charges will be automatically charged to the credit card or paid by User with an approved payment method.
Production of all items ordered is subject to the terms outlined below in the “Printing Turnaround Time” section and will not begin until an order is fully paid, including applicable shipping, handling and postage fees, except where BOSS PRO Print has explicitly agreed to special delayed payment terms (e.g. Net 30 – means that buyer will pay seller in full on or before the 30 day including weekends and holidays of when the goods were dispatched by the seller or the services were fully provided) with the User prior to placing an order. Users who have delayed payment agreements with BOSS PRO Print are required to make payments in accordance with the terms of the payment agreement that is in effect.
Once the print file(s) associated with an order have been approved by the User as described below in the “Printing Turnaround Time” section, the corresponding order will be “In Production”, and no changes to the job characteristics, or printing turnaround time will be permitted. After an order is In Production, the entire amount of the order along with applicable taxes and shipping/handling/postage fees shall be deemed fully paid and non-refundable, except as provided for in the Return & Refund Policy below. Additional Service Fees and List Purchase are non-refundable. Except as provided for in the Return & Refund Policy below, any payment received from the User shall be deemed fully paid to BOSS PRO Printand non-refundable at a rate of twenty percent (20%) per calendar month that passed after the date of the User’s initial submission, even in events where the print job never reaches the “In Production” or shipment phase due to no fault of BOSS PRO Print (e.g. User fails to respond to approval of proof/print job, User fails to provide information to complete the print job or shipment, User otherwise fails to cancel his or her order prior to reaching the “In Production” phase, etc.).

Return & Refund Policy

At BOSS PRO Print, we aim to provide our users with the best printing experience. If you are not satisfied with your order for any reason, please contact the customer service department. Depending on the problem or issue at hand, the potential solutions are:
• 100% Refund or reprint on any damaged print order
• 100% Fast reprint on any lost order in transit
All policies are subject to change without prior notification. Returns and repairs of defective products cannot exceed the amount paid by the User or RM 1,000.00 (whichever is less). Determination of defects is at the absolute discretion of BOSS PRO Print. In most cases, the User will be required to submit a digital photo documenting the defective product and / or sending the defective product back to customer service. Rapid reprint of any order lost in transit is limited to orders less than or equal to RM 500. Turnaround and shipping for reprint orders will vary depending on the available production capacity and the discretion of the manager.
Direct mail services including printing, listing services, mailing services and design services are not subject to the prior return policy. Refunds or reprint on direct mail orders will be evaluated on a case-by-case basis and any refund/reprint shall be determined by BOSS PRO Print in its sole discretion. Regardless of the type of job or work, under absolutely no circumstance will postage be refunded for any reason once it has been physically applied to an item ordered, regardless if it is yet to be mailed or not.

Artwork Files

Prior to printing, our prepress department reviews/checks all submitted artwork files. However, you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to reread and proofread all files before submitting to BOSS PRO Print. We are not in any way responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to BOSS PRO Print, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints, or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

BOSS PRO Print may also provide graphic design, art design tools that offer a limited number of elements, including icons, fonts, color schemes, design effects and ready made template design. We reserve the right to use and offer all of these elements to others in the future. Other BOSS PRO Print Users can/may use the same design tools to create images that may have similar or identical combinations of these elements. We do not guarantee any kind of artwork created using design tools will not infringe, or be subject to a claims infringing, on the trademarks, copyrights or other rights of another party. It is your responsibility to seek legal advice on whether any image, logo, name, icon, mark or design is legally available for your use and does not infringe the rights of another party.

We may, in our sole discretion, set limit to the maximum number of days in which we will retain designs or other uploaded files, as well as the maximum storage space that we will allocate to such files. We are not responsible for the deletion or failure to store any files either uploaded or designed on our BOSS PRO Print website. We reserve the right to delete any stored files that have been inactive for an extended period of time, or for any other reason, without prior notice.

Proofs

If requested, once we receive your file for print, online evidence will be available for your review. The real time will change depending on our current workload. Jobs with a request for proof will not be sent to the press without your consent unless the approval of the evidence is expressly waived. If you do not approve your proof, we will print it and therefore are not at all responsible for the quality or accuracy of the product. It is the User’s responsibility to log into their account and check the proof. We are not responsible for any delays in orders caused by user approvals or pending approvals, of the proof. We do reserve the right, at our discretion, to make minor changes to the proof and products necessary for the effectiveness of printing.

An online proof is by no means an accurate color reproduction of your final piece of print but is the final opportunity for you to check the layout, crops, bleeds and final text. Electronic proofs does not indicate transparency and over print issues. They also do not show color change from RGB or Pantone to CMYK.

The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, spacing, punctuation, copy or image placement. The user is fully responsible for all that is contained in the final approved proof.

BOSS PRO Print offers hard copy proofs that show a reasonable representation of the final printed product. The proofs is recommended for color critical art and should be requested by the User when a print order is made. Hard copy proofs are printed on different substrates from real paper stock and while the main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not offer hard copy proofs for the art to be printed on uncoated paper.

Requests for hard copy proof may involve additional fees and may extend the amount of time required to complete the job. For orders where proof of printing has been requested, approval must be received by BOSS PRO Print on or before our published cut-off times. We will make every effort to match the colors in production when hard copy proof is requested. However, it is the responsibility of the User’s to determine whether they require hard copy proof with their print order

Accuracy of Color

BOSS PRO Print will reproduce the color of the finished print file that is adequate but does not necessarily match the color and density. Due to the inherent limitations of the printing process, as well as the need for neighboring image ink, color reproduction accuracy is not guaranteed. By placing an order with BOSS PRO Print, you agree to and understand these limitations. We will do our best to adjust the gradient density of each color, but we are not responsible for the color variations between the submitted file and the last printed piece. Under no circumstances will it be reprinted in honor of the color variation that occurred during the printing process. We are not responsible for color matching or ink density on the screen proofs you agree to. Screen proof will predict design layout, text accuracy, proportion of image, and placement, but not color or density. The use of UV coating can affect or alter the appearance of printed color. We are not responsible for the final color appearance of UV coated products.

No Liability for Errors

Boss Pro (M) Sdn Bhd is not responsible for any errors in the final product due to any of the following reasons:
• Low resolution or low quality designs, images and graphics
• Damaged fonts or fonts without created outline
• Spelling, punctuation, and / or grammatical errors
• Overprint issues
• Transparency issues
• Artwork files that are not created according to our specifications
• Variances in Color from the conversion of Pantone or RGB color to CMYK color
• Errors in user selected or choice options such as size, quantity, paper and finish
• Duplicate orders submitted by the User
• Incorrect file orientation
• Incorrectly uploaded file
• Cutting variances
• Cracking on folds
• Shipping address is incorrect or cannot be delivered
• Product damage after delivery or shipment to User
Users are responsible for reviewing their files and fixing any problems before placing an order.

Under print and Over print Policy

Due to the gang run method that BOSS PRO Print uses, we cannot guarantee that each order will produce the exact number of items ordered. We can only guarantee that the order will come within plus or minus 10% of the number of items ordered. Although rare, in the event of an under-run, if over 10% of the order quantity, we will either refund or give you Store Credit for the quantity of pieces we were “short”.

Cancellation

Orders cannot be canceled immediately after “In Production”. If the order is still in the early stages or proofing stage, it may be canceled subject to the following fees, if applicable:

a) Orders placed, paid for and then canceled before 5pm MYT (Malaysian Time) on the same day may be fully refunded or booked as building credit for future orders;

b) Orders under RM 100 will not be subject to cancellation fees;

c) Orders from RM 100 to RM 500 will be subject to a cancellation fee of RM 15.00;

d) Orders of RM 500 and above will be charged a cancellation fee of 3.5% of the total order amount.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Miscellaneous

All complaints must be registered within 24 hours of receipt of your final printing job. If we determine that your job contains a mistake, errors and / or manufacturing defect, we will rerun your job at no charge.

All of the materials we make in producing your printed product are owned by BOSS PRO Print. Although this material will NOT be sold or provided to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or image that is used for your printed product will not be used in any country ad and / or any national advertising without your prior written consent.

Contact Us

If you have any questions about these Terms, please contact us.

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