Terms of Services

Customer acknowledgement:

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 may not be able to make any changes once my order is placed and that I assume all responsibility for typographical errors. By submitting my order to Evergo I agree to the Evergo Terms and Conditions set out below.

Evergo Terms and Conditions:

IMPORTANT NOTICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. Evergo RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

1. ORDER APPROVAL

Customer is fully responsible for final proof and layout approval prior to the printing process. Evergo is NOT LIABLE for errors in a final product caused by any of the following reasons: Language and grammar, graphics, bleeds, damaged fonts, overprinting, form fields, files not built to template or page order.

2. COPYRIGHT

All material used/found in this Website or used in production of your order is subject to Copyright. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Evergo web site and/or its subsidiaries (referred to herein as Evergo) or the copyrighted property of parties from whom Evergo has licensed such property. The Customer (sometimes referred to for convenience as "you") may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Evergo Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. Evergo policy also states that you cannot use explicit language or pornography on printed materials and merchandise.

3. CUSTOMER CONTENT

All information, data, text, photographs, graphics, messages or other materials supplied by the customer ("Content") are the sole responsibility of the customer. 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 the Service 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 Canada or the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of Canada or 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 Evergo or any third party. Evergo does not control the Content uploaded by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Evergo 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 agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account. You acknowledge that Evergo does not pre-screen Content, but that Evergo 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 Evergo 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 Evergo, its users and the public.

4. GOVERNING LAW

Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Ontario. You agree to submit to the jurisdiction of Ontario courts and agree that venue in these courts is proper in any such legal action or proceeding.

5. LIMITATION OF LIABILITY

In no event shall Evergo 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 Evergo 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 Evergo or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Evergo 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. Evergo reserves the right to refuse service without disclosing a reason.

6. INDEMNITY

You agree that you shall indemnify and defend Evergo and all parties from whom Evergo 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.

7. CUSTOMER SUBMITTED ARTWORK OR GRAPHICS

All artwork or designs and images must be provided in CMYK format. Evergo is not responsible for any color shift that occurs in conversions from RGB or spot colors to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. Evergo is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.

8. COLOR PROOFING AND MATCHING

Evergo 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. While Evergo will try its best to match the gradient density of each color, Evergo is not liable for the final appearance of a color. Stock and coating, especially uncoated stock, may effect or change the appearance of the printed colors. Evergo is not liable for the final color appearance of its products.

Because of differences in equipment, paper and inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. Evergo will make every effort to produce a reasonable representation based on materials supplied by the customer; however, Evergo does not guarantee color matching. Unfortunately time to time there is a misrepresentation of color due to soft proofing because of calibration of one monitor to another.

9. TRIMMING AND FOLDING

While Evergo will try its best to trim and fold each job accurately as per the order specs and artwork, Evergo is not liable for up to 0.0625" of trimming and folding variance on each side. The design of the artwork should not be dependent on exact trimming or fold dimensions.

10. ORDER CANCELLATION

Orders are eligible for cancellation upon request via support ticket until the commencement of imposition, subject to applicable cancellation charges. A store credit or credit card refund will be issued with a value equal to the cancelled job(s). If a job is cancelled charges for any labor hours (proof, file adjustment, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your credit. In cases where a job is already imposed but cancellation may still be possible, a minimum cancellation charge of $25 per job is required. Once the order has been placed successfully, No Refunds are issued for file adjustment services.

11. 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 reprint the order or issue a credit or refund accordingly. Customer must notify Evergo within 10 business days of receiving order to notify us of any defects discovered in the ordered product failing which Customer is deemed satisfied with the product. We may occasionally request that we pick up the printed material prior to issuing the reprint, credit, or refund.

12. ORDER SHIPPING AND DELIVERY

Please note that all turnaround times are estimates. While Evergo will use reasonable efforts to prevent delay of delivery schedules, in no case shall Evergo be liable for any consequential or damages resulting from any delay in shipment or delivery. Orders are F.O.B. the Evergo Plant, and customer shall have recourse only to its selected courier for any shipping issues. Evergo shall not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances. 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.

When selecting the shipping or pickup method, please note that while we try to accommodate changes when possible, we are not always able to make these changes to your order. If you are requesting from delivery to pickup or vice versa, the cut-off time for the request is 2:00 PM ET. Once an order is packed and wrapped on courier skids, the shipping can no longer be changed or modified.

13. CUSTOMER SUPPLIED INCORRECT ADDRESS

When a package is returned to Evergo due to an error made by the customer in submitting the proper shipping address, Evergo will reship the package with corrected address and charge an additional shipping fee for the shipment.

14 LINKS TO THIRD PARTY SITES:

The links throughout this site may let you leave Evergo's site. The linked sites are not under the control of Evergo and Evergo is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Evergo is not responsible for webcasting or any other form of transmission received from any linked site. Evergo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Evergo of the site.

15. OVERRUNS AND UNDERRUNS

Overruns and underruns not to exceed 10% of quantity ordered shall constitute an acceptable delivery.

16. INDEMNIFICATION

The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless Evergo from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against Evergo on grounds that printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any persons right to privacy or other personal right, except to the extent that Evergo contributed to the matter. The customer agrees to, at the customer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding, that may be brought against Evergo provided that Evergo shall promptly notify the customer with respect thereto.

17. PAYMENT INFORMATION

Evergo does not record, keep, or hold any credit card information on our servers, Authorize.net, Moneris and Paypal are responsible for that. Evergo only record and hold information on jobs ordered: docket number, qty, paper type finishing, file and shipping info.

18. NON SOLICITATION

Customer and/or any of its affiliates shall not, without prior written consent, directly or indirectly solicit any employee, contractor or consultant of Evergo Packaging and/or any of its affiliates for a period of two (2) years after last order submitted to Evergo Packaging.

19. Mobile Message Service Terms and Conditions

The Evergo mobile message service (the "Service") is operated by Evergo (“we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Evergo’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Evergo through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Evergo. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Evergo mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email info@Evergopackaging.com. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy