General terms (applies to all orders)
Pricing and delivery
Company reserves the right to change prices, colors, materials, specifications, and quantities in our catalog, website, or elsewhere without notice or obligation.
Prices quoted in our catalog do not include freight. All shipping is FOB Pennsauken, NJ, unless indicated otherwise. Company is not responsible for loss or damage to the product once any product has left Company's premises.
The company charges state and local sales taxes where applicable.
Acceptance of a Customer's Purchase Order does not negate or invalidate any of the terms and conditions on this page. The terms and conditions on this page may not be amended unless a signed waiver on Company's letterhead is produced.
Payment terms
Company accepts cash, check, money order, VISA, MasterCard, Discover, American Express, and PayPal.
All orders are subject to a five percent (5%) production over or under run. For printing orders prepaid in full, including freight and applicable taxes, any overrun will be at no charge. Orders not prepaid in full will be invoiced in the exact amount manufactured, including a production over or under run of up to five percent (5%). Unless Customer has established credit with Company, payment of any outstanding balance is due upon completion of the order, before shipping (no C.O.D.s).
Unless Customer has previously established credit terms, all orders must be prepaid in full. Companies requesting credit must fill out a credit application before any order can be processed. A purchase order is required before any open account order can be processed.
Direct mail fulfillment orders always require postage to be paid before mailing. The Customer will be informed of the exact postage after we receive Customer's mailing list.
Should any payment amount due remain outstanding after its due date, Company reserves the right to charge interest on said amount from the initial billing date at the rate of one percent (1%) per month (12% per annum) and shall accrue daily. In addition to the foregoing, the Customer shall pay any and all costs, fees, charges or expenses of every nature (including without limitation Company's reasonable legal fees and litigation/arbitration fees and costs) incurred by Company in recovering any amounts owed to it by the Customer.
Content policy
We will not manufacture, sell, distribute, or promote certain content, including content that we determine is hate speech, offensive, exploitative, abusive, pornographic, defamatory, inflammatory, false, fraudulent, unlawful or glorifies or promotes unlawful acts, or is otherwise objectionable.
Notwithstanding the above, Company believes in the Customer's right to create content the way it is intended to be consumed. As such, we will manufacture, sell, distribute, and/or promote content that contains profanity or explicit language, so long as it does not violate our Content Policy in the previous paragraph.
Intellectual Property Rights Protection
Company's Anti-Piracy Compliance Program protects property rights owners from the unauthorized distribution of their content.
The Customer represents and warrants to Company: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to Company by the Customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the Customer and Company are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Company of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the Customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the Customer, are threatened by any person, nor, to the Customer's knowledge, do any grounds for any claims exist.
Customer agrees to indemnify, defend, protect, and hold harmless Company and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the Customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the Customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
Company reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
The Customer agrees to provide Company, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Company does not in any way assume an obligation to investigate or verify ownership of any materials provided by the Customer, and Company may rely on the Customer's representations and warranties herein and provided under Company's Intellectual Property Rights Form even if Company investigates such ownership.
If Company determines, or has reason to believe, that the Customer does not have the authority to produce the products sought hereunder, Company will have no further obligations to the Customer to provide any products or any other services with respect to such materials, and Company will return such materials to the Customer.
From time to time Company uses third-party partners and vendors (“Partners”) to provide some of its services. By using Company you grant us the right to transfer your content as may be reasonably necessary or desirable to any Partners we may use to provide our services or manufacture our products.
Company does not take any ownership of Customer's Intellectual Property. Company will use all reasonable efforts to protect and safeguard Customer's Intellectual Property while Customer's content is in Company's facility, on Company's servers, transmitted to Partners, in Partner facilities, or on Partner servers.
Pricing and delivery
Company reserves the right to produce and bill for production overruns or underruns up to five percent (5%) of the Customer's order. Customer will be billed for actual amounts shipped.
The Customer's order will be delayed if the Customer has failed to provide to Company all necessary materials (including without limitation master, graphics, deposit, signed estimate, signed Intellectual Property Rights Form, and Audio Track Listing).
Quoted or acknowledged delivery dates are only estimated dates of delivery. Company specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
Coupons, discounts, promotions and contest awards are non-transferable and expire 120 days after award (offer) date, unless an extended expiration is explicitly stated on the award. Coupons, discounts promotions and contest awards are not redeemable for cash, may not be replaced if lost or stolen and may not be used in conjunction with any other offer. Void if reproduced, purchased, traded, or sold.
In the event a Customer fails to pay within ninety (90) days for any work completed, or in the event a Customer fails to accept delivery or pick up their finished product within ninety (90) days from completion, Company has the right to sell, dispose of, destroy or use any such material on hand in any way Company chooses without any liability by Company to the Customer or others.
Password
As a registered user of the Services you will have login information, including a username and password. Your Account is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party, other than an agent authorized to act on your behalf. As you will be responsible for all activity that occurs under your Account, you should take care to preserve the confidentiality of your username and password, and any device that you use to access the Website. You agree to notify us immediately of any breach in secrecy of your login information. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party not authorized by you, then you agree to immediately notify OnPress by e-mail to books@OnPress.com. You will be solely responsible for the losses incurred by OnPress and others (including other users) due to any unauthorized use of your Account that takes place prior to notifying OnPress that your Account has been compromised.
Warranty of product, limitation of liability, and indemnification
Company guarantees the Customer's satisfaction with art and content proofs. If Company cannot satisfy the Customer, Company will refund the entire deposit amount if Customer wants to cancel the project. However, once proofs are approved Company will charge for all work and services performed, even if the project is subsequently canceled.
Company warrants that material produced and delivered by Company meets Company's standard specifications for the material or such other specifications as described in this catalog and meets generally accepted industry standards.
All custom-manufactured and/or printed Company products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Company from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Company will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Company's option, refund to Customer part or all of the purchase paid to Company, on the condition that a) written notice of such defect or error is received by Company at its office within thirty (30) days after shipment by Company to Customer, and b) the defect or error did not result from a defect or error in the materials supplied by or on behalf of the Customer. If said notice is not received by Company within the date indicated above, Company will be deemed to be released by Customer from any and all liability.
The Customer shall return any defective product to Company should Company so request. No merchandise may be returned to Company without written return authorization by Company. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned.
Prior to returning any product, you must obtain an RMA (Return Merchandise Authorization) number from Company. The RMA number must appear on your address label. Company reserves the right to refuse delivery of any item returned without an RMA number.
Company is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the Customer for any reason whatsoever.
Company assumes that the Customer has backups or originals of all content (including without limitation graphic files, manuscript files, or as uploaded to Company's web site via FTP, email, or other means) for manufacturing. As such, Company is not obligated to return such electronic content to the Customer upon completion of the order.
Upon completion of any replication or printing order Company will retain certain production masters (e.g. original graphics files, and other materials needed to manufacture the product to the Customer's specification) for a period of 30 days, after which time physical production masters will be recycled and the content stored digitally. Customer art and content are digitally stored and archived for use when manufacturing a reorder.
Company will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, to ensure that systems are operated and maintained in a secure manner, and that management, operational and technical controls are employed to ensure security of systems and data.
While Company will treat the Customer's materials with the utmost care, Company specifically denies liability for damage or loss due to fire, casualty, or negligence while the Customer's materials are in the care and possession of Company.
Customer's materials stored in Company's premises are not insured and are stored strictly at the Customer's risk. The Customer agrees to carry insurance coverage for its materials while at and in transit to and from Company's premises.
Order cancellation
Orders for products not yet started in manufacturing by Company may be cancelled by either party at any time. The Customer will be responsible for all costs incurred by Company related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the Customer's materials and any completed product may be delivered to the Customer only after all sums owed to Company have been paid in full by cash or check.
Company reserves the right to refuse or cancel any order for any reason.
Designated Agent Contact Information. Notices of claimed infringement can be communicated:
Via E-mail : info@onpressbookprinting.com
Via U.S. Mail : Attn: Copyright, 7905 North Route 130, Pennsauken, NJ 08110-1402
(a) Counter Notification. If you receive a notification from OnPress that material made available by you on or through the Site or the OnPress Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide OnPress with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to OnPress's Designated Agent through one of the methods identified in Section 11(d) of this TOS, and include substantially the following information:
(b) A physical or electronic signature of the subscriber;
(c) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(d) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(e) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which OnPress may be found, and that the subscriber will accept service of process from the person who provided notification under Section 11(c) of this TOS above or an agent of such person. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
(f) False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [OnPress] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Disclaimers
(a) THE WEBSITE, THE SERVICES, AND ANY THIRD-PARTY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
(b) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONPRESS AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND RELATING TO THE SERVICES, THE WEBSITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONPRESS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. ONPRESS AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE WEBSITE OR ANY PART THEREOF, OR ANY SERVICES PROVIDED BY ONPRESS, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE OR ANY ASSOCIATED SITES OR APPLICATIONS, AND OFFER THE AUTHOR CONTENT VIA THE SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE WEBSITE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability; Basis of the Bargain:
(a) ONPRESS SHALL NOT BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. ONPRESS SHALL ALSO NOT BE LIABLE FOR ANY ROYALTIES, FEES, PAYMENTS OR DAMAGES ARISING OUT OF THE FAILURE OF ANY LICENSEE TO PAY ONPRESS OR YOU ANY ROYALTIES THAT ARE DUE FOR ANY USE OR MISUSE OF THE AUTHOR CONTENT, WHETHER PURSUANT TO AN EXISTING, EXPIRED OR TERMINATED AGREEMENT WITH ONPRESS OR OTHERWISE. ONPRESS'S TOTAL LIABILITY TO YOU FOR ANY BREACH OF THIS AGREEMENT SHALL IN ALL INSTANCES BE LIMITED TO THE AMOUNT OF MONIES ACTUALLY PAID TO YOU BY ONPRESS FOR THE DISTRIBUTION OR LICENSING OF THE AUTHOR CONTENT DURING THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM AGAINST ONPRESS.
(b) APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ONPRESS, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ONPRESS, ONPRESS'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT ONPRESS WOULD NOT BE ABLE TO OFFER ITS SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS AND WOULD NOT OFFER SUCH SERVICES ABSENT A LIMITATION OF LIABILITY.
General Provisions
(a) Relationship of the Parties. The parties hereto agree and acknowledge that the relationship between them is that of independent contractors. This Agreement shall not be deemed to create an agency, partnership or joint venture, and neither party is the other's agent, partner, or employee.
(b) Entire Agreement. This Agreement together with the TOS contains the entire understanding of the parties relating to the subject matter hereof. This Agreement supersedes all previous agreements or arrangements between us pertaining to the digital distribution of content, provided that if you previously entered into a digital distribution agreement with us in the past, and elected any options, those options will remain in place under this Agreement. This Agreement cannot be changed or modified except as provided herein. A waiver by either party of any term or condition of this Agreement will not be deemed or construed as a waiver of such term or condition, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.
(c) Binding Effect. This Agreement will be binding on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
(d) Notice. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the addresses provided to and by you upon registration with the OnPress Site, or as properly updated, or, in the absence of a valid electronic mail address, via any other method OnPress may elect in its sole discretion, including, but not limited to, via posting on the Website.
(e) Governing Law; Dispute Resolution. This Agreement will be governed and interpreted in accordance with the Laws of the State of New Jersey applicable to agreements entered into and to be wholly performed in New Jersey, without regard to conflict of laws principles. Any and all disputes arising out of this Agreement shall be resolved in the manner set forth in the TOS.
(f) Rights Cumulative. To the extent permitted by applicable law, the rights and remedies of the parties provided under this Agreement are cumulative and are in addition to any other rights and remedies of the parties at law or equity.
(g) Headings. The titles used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement.
(h) No Third Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
(i) Assignment. OnPress may assign its rights and obligations under this Agreement at any time to any party. You may not assign your rights and/or obligations under this Agreement without obtaining OnPress's prior written consent.
If User is a United States Federal Government Agency, this Amendment applies to this Agreement:
You, as a U.S. Government entity, are required when entering into agreements with other parties to follow applicable federal laws and regulations, including those related to ethics; privacy and security; accessibility; federal records; limitations on indemnification; fiscal law constraints; advertising and endorsements; freedom of information; and governing law and dispute resolution forum. Company and Agency (together, the "Parties") agree to modify the Company's standard Terms of Service, available at https://www.OnPress.com/terms-of-service (the "TOS") to accommodate Agency's legal status, its public (in contrast to private) mission, and other special circumstances. Accordingly, the TOS are hereby modified by this Amendment as they pertain to Agency's use of the Company Site and Services.
(a) Government entity: "You" within the TOS shall mean the Agency itself and shall not apply to, nor bind (i) the individual(s) who utilize the Company Site or Services on Agency's behalf, or (ii) any individual users who happen to be employed by, or otherwise associated with, the Agency. Company will look solely to Agency to enforce any violation or breach of the TOS by such individuals, subject to federal law.
(b) Public purpose: Agency shall use the Company Site and Services solely in furtherance of Agency's public purpose.
(c) Advertisements: Company agrees not to serve or display any commercial advertisements or solicitations on any portion of Agency content or materials uploaded by or under the control of the Agency.
(d) Indemnification, Liability, Statute of Limitations: Any provisions in the TOS related to indemnification and filing deadlines are hereby waived, and shall not apply except to the extent expressly authorized by law. Liability for any breach of the TOS as modified by this Amendment, or any claim arising from the TOS as modified by this Amendment, shall be determined under the Federal Tort Claims Act, or other governing federal authority. Federal Statute of Limitations provisions shall apply to any breach or claim.
(e) Governing law: Any arbitration, mediation or similar dispute resolution provision in the TOS is hereby deleted. The TOS and this Amendment shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of California (excluding California’s choice of law rules) will apply in the absence of applicable federal law.
(f) Changes to standard TOS: Company has the right to change the TOS with 15 days advance notice. Company shall send this notice to the email address You designate at the time You sign up for service, and You shall notify Company of any change in the notification email address during the life of the Amendment.
(g) Access and use: Company acknowledges that the Agency's use of Company's Site and Services may energize significant citizen engagement and otherwise become important to the Agency's mission. Before removing Agency content and/or terminating Agency’s account, Company will provide Agency with a reasonable opportunity to cure any breach or failure on Agency's part.
(h) Modifications of Agency content: Any right Company reserves in the TOS to modify or adapt Agency materials is limited to technical actions necessary to index, format and display that content. The right to modify or adapt does not include the right to substantively edit or otherwise alter the meaning of the content. In the event Agency discovers that Agency content has been modified in a manner that alters the meaning of such content, Agency may contact Company and the Parties shall work together in good faith to resolve the matter. Notwithstanding the foregoing, nothing in this Amendment shall result in an expansion of Agency's rights as a United States Government entity under the Copyright Act of 1976 (17 U.S.C. §§101 et sec.), specifically including Section 105 of the Act.
(i) Limitation of liability: The Parties agree that nothing in the Limitation of Liability clause or elsewhere in the TOS in any way grants Company a waiver from, release of, or limitation of liability pertaining to, any past, current or future violation of federal law.
(j) No endorsement: Company agrees that Your seals, trademarks, logos, service marks, trade names, and the fact that You use its Services, shall not be used by Company in such a manner as to state or imply that Company's products or services are endorsed, sponsored or recommended by You or by any other element of the Federal Government, or are considered by You or the Federal Government to be superior to any other products or services. Company agrees not to display any Agency or government seals, trademarks, logos, service marks, and trade names on the Company's homepage or elsewhere on the Company Site unless it is related to the sale, promotion and advertising of the applicable Book or permission to do has been granted by the Agency or by other relevant federal government authority. Company may list the Agency's name in a publicly available customer list on its homepage or elsewhere so long as the name is not displayed in a more prominent fashion than that of any other third party name.
(k) Fee based Services: The Parties understand that fee-based products and Services are subject to federal procurement rules and processes. Before an Agency decides to enter into a Subscription, or any other fee-based service that this Company or alternative providers may offer now or in the future, Agency agrees to determine if it has a need for the Subscription and Services for a fee, to consider the Subscription and Services’ value in comparison with comparable Subscriptions and Services available elsewhere, to determine that Agency funds are available for payment, to properly use the Government Purchase Card if that Card is used as the payment method, to review any then-applicable TOS for conformance to federal procurement law, and in all other respects to follow applicable federal acquisition laws, regulations, and agency guidelines when initiating that separate action. Agency retains the right to refunds of payments on any unused pre-purchased Company products and Services. Company agrees to refund any payment made by Agency for any unused pre-purchased Company products or Services. Agency will notify the Company in writing of all refund claims, and the Company will process any refund within 15 business days of receiving each request.
(l) Termination rights: Termination of this Agreement shall be in accordance with the Federal Acquisition Regulation and other applicable federal law.
(m) Security: Company will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, to ensure that systems are operated and maintained in a secure manner, and that management, operational and technical controls are employed to ensure security of systems and data. An SAS 70 Type II audit certification will be conducted annually, and Company agrees to provide Agency with the current SAS 70 Type II audit certification upon the agency's request. Recognizing the changing nature of the Web, Company will continuously work with users to ensure that its Site and Services meet users' requirements for the security of systems and data. Company agrees to discuss implementing additional security controls as deemed necessary by Agency to conform to the Federal Information Security Management Act (FISMA), 44 U.S.C. 3541 et seq.
(n) Federal Records: Agency acknowledges that use of Company's Site and Services may require management of Federal records. Agency and user-generated content may meet the definition of Federal records as determined by the agency. If the Company holds Federal records, the Agency and the Company must manage Federal records in accordance with all applicable records management laws and regulations, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), and regulations of the National Archives and Records Administration (NARA) at 36 CFR Chapter XII Subchapter B). Managing the records includes, but is not limited to, secure storage, retrievability, and proper disposition of all Federal records including transfer of permanently valuable records to NARA in a format and manner acceptable to NARA at the time of transfer. The Agency is responsible for ensuring that the Company is compliant with applicable records management laws and regulations through the life and termination of its use of the Site and Services.
(o) Precedence; Further Amendments: If there is any conflict between this Amendment and the TOS, or between this Amendment and other terms, rules or policies on the Company Site or related to its Services, this Amendment shall prevail. This Amendment constitutes an amendment to the TOS; any language in the TOS indicating it may not be modified or that it alone is the entire agreement between the Parties is waived. Any further amendment must be agreed to by both Parties.
(p) Additional Items for discussion and possible inclusion in this Amendment: Company understands current federal law, regulation and policy may affect Agency's use of the Company's products and Services in ways not addressed in the list of clauses above. Among the topics Agency may need to discuss with Company, and which may lead to a mutual agreement to insert additional clauses in this Amendment, are Privacy and Accessibility.
Price Match Promise
(a) If a customer saves a price quote from OnPress then finds a lower quote from another US book printer for an identical book, OnPress will reduce the price to match the competitor.
Terms of Sale last updated February 15, 2023