Terms of Use

Aviva Print Website Terms and Conditions of Use and General Supply Agreement

Agreement between Aviva Print and you covering use of
www.avivaprint.com.au and subdomains of avivaprint.com.au (“Site”) and any custom written quotations emailed to you directly.

The Site is comprised of various web pages operated by Aviva Print.

The Site and any individual quotation emailed is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein ("Terms").

Your use of www.avivaprint.com.au constitutes your agreement to comply with all such Terms. Acceptance of quotations by reply email confirmation also constitutes your agreement to comply with all such Terms.

Please read the Terms carefully, and keep a copy of them for your reference.

The Site conveys information about Aviva Print’s products, services and markets. This Site also conveys industry-specific information and educational materials pertaining to the markets Aviva Print serves.

Privacy

Your use of www.avivaprint.com.au is subject to Aviva Print’s Privacy Policy. Please review this Policy, which also governs this Site and informs users of our data collection practices.

Electronic Communications


Visiting www.avivaprint.com.au or sending emails to Aviva Print constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.


Your account

Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Aviva Print may share such information and data with any third-party with whom Aviva Print has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.

Payment

All prices and amounts shown on this Site are in Australian Dollars (AUD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method.

We require each order to be fully paid, including shipping and handling fees, if applicable, before we complete an order. We will not start working on a print job until we receive the full payment.

Post Paid means that your company has a credit account with Aviva Print.  Should you place an order as a Post Paid account, we will not process the order and cancel it immediately.  Credit accounts are available to corporate customers who complete a comprehensive credit application.  To request a representative of Aviva Print to discuss opening a credit account, please contact us via our Contact Us page.

Once a print job has been approved by customer and "sent to press" on the Site, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to Aviva Print’s prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise noted.

Refund Policy

All sales are final. Since we customize each order according to your file and exact specifications, no refunds are given once Aviva Print starts working on your order, which means Aviva Print has received your necessary materials (i.e., digital files and payment) and has begun work on your job (i.e., your job is in production).

If we verify that we have made an error, we will re-run the order. We must be notified within 24 hours from delivery of any defects. In order to receive the replacement, customer must return 100% of the defective order at their expense within 5 days of their receipt. We will re-run the order with the original turnaround and send them out via the same paid shipping method. Shipping is non-refundable.

In some cases, a partial or full refund may be extended to the customer if no work has been completed by Aviva Print for a specific order. Such refund would be adjusted to cover any fees charged for proofs or other services associated with that order as well as merchant bank fees on credit card transactions.

Refunds resulting from cancellations prior to being in production shall be subject to a minimum fee of $25.00, up to 5% of the total amount.

Each order made from Aviva Print is a contract between you, as the customer making the order, and Aviva Print. The fact that you have made an order on behalf of a third party does not absolve you of liability to Aviva Print. As such, any decision by the third party not to accept the particular items printed or to cancel the order with you does not affect your liability to Aviva Print.

Our Tax Policy

Aviva Print charges Good and Services Tax (G.S.T.) to orders received, regardless of your tax status and location.  


Proofs

An online proof will be generated after you customize one of our templates. A proof will not be issued for files you upload that are press-ready PDF format.  If Aviva Print needs to convert the supplied format to a press-ready PDF format, a proof will be generated and email to you for approval via reply email.

It is the customer’s responsibility to proof the file and check for any discrepancies or errors. Once you have approved the proof and submitted your print job, you will be unable to make any further changes. We are not liable for delays in the order caused by customer's non-approval of the proof.

An online proof is by no means an accurate colour reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. Neither do they show colour 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, copy, spacing, punctuation or image placement. Customer is fully responsible for all that is contained in the final approved proof.

Aviva Print offers hard copy proofs that show reasonable likeness to the final printed pieces. Such proofs are recommended for colour-critical art and must be requested by the customer when the print order is made. Hard copy proofs are printed on a substrate different from the actual paper stock and while it’s main purpose is to show colour, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not offer hard copy proofs for art that would be printed on uncoated paper or orders placed online.

The request for a hard copy proof may involve an additional fee and would extend the amount of time needed to complete the job.

Colour Accuracy

Aviva Print will reproduce colour from submitted print-ready files as closely as possible, but cannot exactly match colour and density. Because of inherent limitations with the printing process, as well as neighbouring image ink requirements, the accuracy of colour reproduction is not guaranteed. By placing an order with Aviva Print you agree to this limitation. We will try our best to match the gradient density of each colour, but we accept no responsibility for colour variations between submitted files and the final printed piece. Under no circumstances will a reprint be honoured for colour variations that have occurred during the printing process. We are not liable for colour matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not colour or density. Application of UV coating may effect or change the appearance of the printed colours. We are not liable for the final colour appearance of a UV coated product.

No Liability for Errors

Aviva Print is not liable for errors in a final product caused by any of the following reasons:
Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size. Aviva Print does not make any changes on customer files.

Artwork Files

Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to www.avivaprint.com.au. Aviva Print is not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting the artwork to Aviva 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.

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

Printing Turnaround Time

Printing turnaround time begins once your order has been placed and your print-ready files have been uploaded to your account, attached to your printing job, and approved for printing. Printing turnaround time begins when we receive approval for your proof and full payment has been made. For printing jobs that do not have complete digital source files provided or have submitted files that are not print-ready, printing turnaround begins when we have your print-ready file(s), not from when the order was first submitted.

Please note that Aviva Print is closed Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Production Turnaround includes printing, cutting, and binding, it does not include design, mailing, or shipping transit times, and you should allow additional business days for delivery based on the shipping method you selected. The estimated production turnaround advertised on this site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.

Printing turnaround time for jobs with approved proofs and payment is guaranteed. The remedy for failing to meet a deadline is limited to a pro-rated refund of any rush charges or a courtesy rush on your next order. Cancellation of an order based on printing turnaround time is only allowed if the customer indicates in writing (e.g., note posted to order) when placing the original order that a job in the order is time sensitive and must be shipped by target date based on printing turnaround option selected. Aviva Print will not be responsible for shipping-related costs on orders that do not go out by the due date.

Shipping

Shipping transit times vary, and Aviva Print assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. Aviva Print’s responsibility is limited to preparing your printing order and dispatching for shipping. Aviva Print is not liable for damages which occur in shipping.

We cannot ship to P.O. Boxes.

Miscellaneous

All complaints must be registered within 24 hours of receipt of your final printing job. Should your job contain manufacturing errors and/or defects (as determined by Aviva Print), Aviva Print would rerun your job at no charge.


All materials we create in producing your printed product are the property of Aviva Print. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.

Copyright Notice 

You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Aviva Print and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the Copyright Act.

 
Corporate Identification and Trademarks

The Site and any and all other marks appearing on this Site are trademarks of Aviva Print in Australia and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Aviva Print’s prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. Aviva Print prohibits the use of Trademarks as a "hot" link on, or to, any other Web site unless establishment of such a link is pre-approved by Aviva Print in writing.


Use Restriction

You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Aviva Print. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Aviva Print 's prior written consent is prohibited.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with the Terms described herein. As a condition of your use of the Site, you warrant to Aviva Print that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Aviva Print or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Aviva Print content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Aviva Print and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Aviva Print or our licensors except as expressly authorized by these Terms.

International Users

This Site is controlled, operated and administered by Aviva Print from our offices within Australia. If you access the Site from a location outside the Australia, you are responsible for compliance with all local laws. You agree that you will not use any Site content accessed in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Aviva Print, its officers, directors, employees, agents and third-parties, from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or any services offered on the Site, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. Aviva Print reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Aviva Print in asserting any available defences.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT AND INFORMATION CONTAINED ON THE SITE. AVIVA PRINT AND / OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

AVIVA PRINT AND / OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AVIVA PRINT AND / OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVIVA PRINT AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AVIVA PRINT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, AVIVA PRINT'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Termination / Access Restriction

Aviva Print reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aviva Print as a result of this agreement or use of the Site. Aviva Print’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Aviva Print’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Aviva Print with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Aviva Print with respect to the use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Aviva Print with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Aviva Print reserves the right, in its sole discretion, to change the Terms under which it is offered. The most current version of the Terms will supersede all previous versions. Aviva Print encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Aviva Print welcomes your questions or comments regarding the Terms. Use the Contact Us link in the navigation menu at the top of this page to contact us.

This Version 1.10 of the Terms effective as of 27th April 2015.