Terms of Service

This Website is offered to the user conditioned on acceptance by the user ("User") without modification of the terms, conditions, and notices contained herein. By accessing and using this Website or submitting an order through our ROES software, the User is deemed to have agreed to all such terms, conditions, and notices (the "Agreement").


PAYMENT

Color Inc uses authorize.net for a payment gateway in the ROES ordering system. No credit card charge backs will be accepted for any reason. As an account holder you are responsible for payment of all orders submitted using your account.

We kindly accept Visa, MasterCard, American Express and Discover for all order payments. ALL orders will need to go through the ROES payment gateway before they can be uploaded. 

Local customers who wish to pick-up their orders directly from the lab can do so by selecting the 'Pick Up At Lab' option in ROES. However, all pick-up orders must comply with the payment method stated above.

SALES TAX

We are only required to collect sales tax to orders shipped to Michigan addresses. The shipping address is what matters. If your studio is located outside of Michigan, but you want to drop ship it to a client within the taxed region, sales tax will be collected. 

TAX EXEMPT

If you are a business operating with a Michigan Sales and Use Tax Exemption Number and wish to utilize it when ordering from Color Inc, we are required to have a hard copy of your Michigan Sales and Use Tax Certificate of Exemption (Form 3372) on file at all times. All exemption information is subject to verification by way of the State of Michigan on-line verification form.

It is illegal to supply false or undocumented Michigan Sales and Use Tax Exemption information. All customers utilizing a Michigan Sales and Use Tax Exemption must send in the legal paperwork to Color Inc before continuing any business. Any incident contributing to illegal federal matters is subject to removal from Color Inc.

How to send us a copy of your certificate:

Photographs and scans:

e-mail: info@colorincprolab.com
fax: 616-988-0926

Hard copies can be mailed to:

Color Incorporated
ATTN: Accounting
3280 Chicago Drive SW
Grandville, MI 49418

Click here for more information on Michigan Sales and Use Tax Exemption.

REFUNDS AND REPRINTS

Errors are a rare occurrence at Color Incorporated. If an error should arise, Color Inc is committed to supplying each customer with a quality product, so please contact customer service immediately with any problems or discrepancies that are discovered. To expedite the process, please have your account and job number available.

Any discrepancies reported after 7 business days may be subject to partial credit. Reprints and credits will only be provided for the exact file originally submitted and must be redeemed within 30 days. Any unapproved alteration of the file in any fashion will result in a full price charge to the customer.

SPECIAL ORDER ITEMS

Special order items including, but not limited to, albums, frames, studio equipment, presentation items or any product that Color Inc must special order, may not be returned or refunded for any reason. If a product arrives damaged, it will be replaced with a like kind once the damaged product has been received back by Color Inc.


Turnaround Time

Orders received by 12 Noon (EST) will ship, or be ready for pick-up, on or before their posted product turnaround time. Orders received after 12 Noon (EST) will not be processed until the following business day.

Please refer to the Product Page for turnaround information on specific product and print options.

Turnaround times may be extended during peak season (September 1 - December 31) and during sale promotions.

VIP RUSH PROCESSING

For our photographers on-the-go, $3.99 VIP Rush processing places your order at the top of the stack in our processing queue. If your order is in by 12 noon (EST), it will ship out yet that business day and is the current default selection in the order review process.

We are not responsible and are excused from performing due to events outside of our control. This may include, but not limited to acts of God, weather realted delays and postal service holdings or delays.

GUARANTEED RUSH
When you absolutely need to have your order, no matter what services are involved, Color Inc will RUSH process your order for an additional fee (order cost doubles). Qualifying orders must be received by 12:00 noon (EST) with credit card authorization completed before 2:00 PM (EST) and is available during the order review process.

Drop Shipping and/or upgraded shipping are available upon request.

Please note that orders are not processed on weekends or holidays.
Guaranteed RUSH charges are on a per-order basis.


Order Policies

ROES

Only one catalog type per order is allowed. If you try to combine multiple catalogs in one order, ROES will clear the previous catalog. This means you can not mix Pro Prints, Express Prints & Proofs, etc. Any order not submitted through ROES is subject to strict ordering procedures and fees. Please contact the lab for more information.

SMALL ORDER HANDLING

Shipping & Handling is FREE on all orders that meet the lab $15.00 print/finishing minimum. However, please note that a non refundable small order handling fee of $8.50 will be applied to ALL orders under that do not meet this criteria. Free shipping does not apply to International orders and orders cannot be combined to meet this minimum.

FILE NAMES AND BLEED

When placing orders, please be sure your file names do not include the words "order" or "border". Do not use any characters other than letters, numbers, underscores and hyphens. For example, any of the following characters would need to be removed from file names: (!@#$%^&*.;:'"[]{}\|<>?,). Always allow a minimum 1/4'' bleed on all edges of any print. This is especially important if you have a border around the edge of your image.

ORDER AGREEMENT

Please note that once an order has been submitted it cannot be stopped from printing for any reason and will be billed to your credit card on file. All orders must be properly labeled and submitted to avoid any additional fees.  All orders will be printed as-is and are non-refundable.

ORDER CANCELATION

In the event that an error has been discovered after order submission, please send an e-mail to info@colorincprolab.com with the job number as the subject line with your request to cancel in the body. Please note, that once an order has entered production it cannot be canceled for any reason.

Once an order has been voided, the job will no longer appear within your Client Control Panel. However, please note that all refunds and voids may take up to 48 hours to post to your credit card account.

EXPRESS PRINTS AND PROOFS

In order to receive the Express Print price, orders must contain at least 20 prints of one specific print size. If your Express Print order contains less than 20 prints, you will be charged the standalone print price.

WALL CLUSTERS

Please note that Wall Clusters MUST be ordered in complete sets. Individual prints ordered through this catalog will be charged standalone print pricing.

PROMO CODES

All promotional codes must be added in the promo code field before submitting your order. To receive promotional discounts on multiple qualifying orders, codes must be entered individually on each order that is placed. All codes are case sensitive and valid, will turn the box green. Please note that ALL Press Printed Products are excluded from promotions.

SALES

In order to extend fair and equal opportunity to all customers, sales are announced via E-Mail and Facebook just prior to the start of each sale. Customer service representatives do not have access to information regarding sales until the public announcement. All sales are subject to the terms and conditions outlined on a per sale basis and can be viewed by clicking here.

Sales and Sale Pricing is only available though ROES. Sales and Promotions can not be combined concurrently with any other promotions or discounts.

PROMOTIONS

If you are a school photographer with an initial order containing 1000 units or more, please contact the lab regarding specialized pricing options.

All previously issued promotion codes are expired as of October 1, 2011. Please watch for new and current promotions.

BACKPRINTING

Studio names may have up to 36 characters in their backprint. Image names will print up to 25 characters for non-rendered images such as Express Prints & Proofs. Images that are rendered, such as Proof Magazines or Greeting Cards are always backprinted with their item number from ROES.

CROPPING AND RESIZING

All custom print sizes must be submitted canvased up to a standard size print. For example, if you have an 8x24 image that needs to be printed, you will need to canvas the image to the next available print size, which in this instance would be a 12x24.

If you would like us to trim this down for you, please indicate so in the special instructions/notes field when placing your order for $1.65 trim fee per image. Please note that there is a $6.43 fee per file if images are left for the lab to canvas. The lab will contact you on how to submit your payment for any trimming and/or canvasing fees.

Due to the slight cropping variance between machines, it is suggested that all essential text, borders and imagery remain .25'' away from any edge to avoid cropping.

SPIRAL BOUND PRODUCTS

Please note that the binding comb will cut about 1/4'' to 1/2'' into your image (depending on the number of pages in your book).

 


USER AGREEMENT AND NOTICES

USER CONDUCT

We are committed to ensuring that our Services remain a fun and safe place to print, digitize, store and share photographs and other content. Members are encouraged to use the Services to post creative material, including photographs, digital images, links, and comments. To this end, we require that every user of the Services refrain from uploading, posting, storing, sharing or otherwise using the Site to process "Prohibited Content." Generally, Prohibited Content includes (without limitation) any of the following: a. Content we believe is abusive, deceptive (including content sent from an anonymous or false address), pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate. b. Copyrighted material that is used without the express permission of the owner. c. Content that violates or encroaches on the rights of others, such as privacy rights, publicity or copyrights. d. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise Color Inc Services. e. Content that advocates illegal activity, or the primary purpose of which appears to be obtaining personal information from others ("phishing"). f. Content that harms minors in any way. g. Any links to the above.

COPYRIGHT PROTECTION FOR CONTENT ON THE SERVICES

All information, images, content, software and materials offered on or posted to Color Inc are protected by U.S. and international copyright laws and by other laws. Color Inc is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with rights to your content (unless you give us permission to do so). You may not copy or distribute material unless you are the copyright owner or have permission from the copyright owner, and you are solely responsible for any copyright violations you commit as a result of your activities, even if the violation is unintentional. Color Inc has the absolute right to terminate your access or exclude you from the Site if you use our Services to violate the intellectual property rights of third parties.

INDEMNITY

You agree to indemnify, defend and hold harmless Color Inc (including its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms or activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the services using you account.

LIMITED WARRANTY

(A) EXCLUSIVE REMEDY. Any product and service available through the services is provided on an "as is" and "as available" basis. Your use of service is at your own risk. Color Inc warrants only that photographic materials provided shall be returned to you in usable condition. In the event that your print(s) are damaged, or are of unacceptable quantity or quality, lost or not returned, Color Inc's sole obligation, and your sole and exclusive remedy, shall be for Color Inc to either (i) refund the full amount of the purchase price of suck prints, or (ii) reprint the photos at no extra cost. (B) DISCLAIMER. Except for the above express limited warranty, to the extent permitted under applicable law, Color Inc on behalf of itself and its suppliers expressly disclaims all warranties of any kind whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non- infringement. Color Inc makes no warranty that (i) the site or service will be provided in a manner that is uninterrupted, timely, secure, or error free, (iii) the services, site or content provided will meet your requirements. Color Inc makes no warranties of any kind with respect to software, goods, services, promotions, or the delivery of any software, goods or services that are purchased, accessed or obtained through the Color Inc site or that are advertised on the Color Inc site. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 

LIMITATION OF LIABILITY

You expressly acknowledge and agree that, to the fullest extent permitted under law, neither Color Inc no it's suppliers will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to your use of the site or the service, even if you have been advised of the possibility of such damages. This foregoing limitation applies to damages arising from (i) use or inability to use the service; (ii) cost of procurement of substitute goods and services resulting from any goods or services purchased through or from the service; (iii) unauthorized access to or alteration of you transmissions by third parties; (iv) third party content made available to you through the service or (v) any other matter relating to the service. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state. 

EVENT DISCLAIMER AND LIMITATION OF LIABILITY

Your participation in any public event, private event or activity listing is at your sole exclusive risk. The host of any event may refuse and/or deny admittance, may charge an admission fee, or ask you to leave an event at any time for any reason. By attending a Color Inc event, you agree and understand that in connection with your participation, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which may or may not be inherent in those activities and events. These inherent risks include, but are not limited to, the danger os serious personal injury, property damage, and death (injuries and damages) from exposure to the hazards of public or private outings. By attending Color Inc events, you agree and understand that injuries and damages can occur by natural causes or by the acts of other persons or third parties, either as a result of negligence or because of other reasons. You are personally responsible for all costs and/or risks associated with any public or private event or activity. Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, you agree to waive, discharge claims, release Color Inc from all liability and their subsidiaries, affiliates, officers, agents, and other partners and employees, from any and all liability on account of, or in a any way resulting from injuries and damages in any way connected with any events or activities. 

TERMINATION

You agree and acknowledge that Color Inc, in its sole discretion, may terminate your Color Inc membership or use of the Services, and remove and discard any content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Service, at any time, without notice, for any reason.

MODIFICATION OF TERMS

You agree that Color Inc reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Services or any part of the Service.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Color Inc and govern your use of the Services, superseding any prior agreements between you and Color Inc. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Color Inc to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.