Terms & Conditions
Before using the B&B website (www.bbsmartsolutions.com), please review the following Terms and Conditions. By using the site, you agree to these terms and conditions.
B&B Printing, Inc., Web Site Conditions of Use Agreement
This Web site (the "Site") is owned and operated by B&B Printing, Inc. ("B&B"). By accessing and using this Site, you (the "User") agree to be bound by all of the provisions contained in this Conditions of Use Agreement (the "Agreement"). If User does not agree to all the provisions contained in the Agreement, User should not use this Site. B&B reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Use of this Site following any such changes shall constitute User's acceptance of such changes.
THE SITE, INCLUDING BUT NOT LIMITED TO ITS INFORMATION, AND SOFTWARE (the "SITE MATERIALS") IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SITE MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. B&B DOES NOT WARRANT THAT USE OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. B&B HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE SITE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
B&B SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, FOR SITE MATERIALS, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF B&B HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF WARRANTIES OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO USER.
All contents of this Site are subject to and protected by copyright law. User may not modify, distribute, transmit, display, perform, reproduce, create derivative works from, or sell in any way any Site Materials, except that User may view the Site in its present form and User may download the Site Materials provided User keeps intact all copyright and other proprietary notices. User recognizes that unauthorized use of Site Materials may subject User to criminal liability under copyright and other federal and state laws. User understands that misuse or abuse of B&B's Site may result in User being denied access to B&B's Site. The names "B&B," "B&B Printing" and "B&B Printing, Co., Inc." and its logo, service marks, and trademarks, are owned exclusively by B&B. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
If User clicks on a link on this Site, User will leave this Site. Any linking by User is at his or her own risk. The linked sites are not under the control of B&B and B&B is not responsible for any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by B&B of the linked site(s).
This Agreement is governed by the laws of the Commonwealth of Virginia, U.S.A. without giving effect to any principles of conflicts of law. User consents to the exclusive jurisdiction and venue of courts in the Commonwealth of Virginia, U.S.A. in all disputes arising out of or relating to this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. Users who use this Site outside of Virginia are responsible for compliance with local laws. If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
Prior to setting up a hypertext link to this Site, please contact B&B at firstname.lastname@example.org for permission. B&B's logo may not be utilized in the icon establishing a link without express written permission from B&B. User may not incorporate through the use of framing or any other method, any Site Materials into another Web site in any manner whatsoever.
Quotations & Jobs
1. Quotation: A quotation not accepted within thirty days may be changed.
2. Orders: Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the providers control. Canceled orders require compensation for incurred costs and related obligations.
3. Experimental Work: Experimental or preliminary work performed at customer's request will be charged to the customer at the provider's current rates. This work cannot be used without the provider's written consent.
4. Creative Work: Sketches, copy, dummies and all other creative work developed or furnished by the provider are the provider's exclusive property. The provider must give written approval for all use of this work and for any derivation of ideas from it.
5. Accuracy of Specifications: Quotations are based on the accuracy of the specifications provided. The provider can re-quote a job at time of submission if copy, film, tapes, disks, or other input materials don't conform to the information on which the original quotation was based.
6. Preparatory Materials: Art work, type, plates, negatives, positives, tapes, disks, and all other items supplied by the provider remain the provider's exclusive property.
7. Electronic Manuscript or Image: It is the customer's responsibility to maintain a copy of the original file. The provider is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final output. Until digital input can be evaluated by the provider, no claims or promises are made about the provider's ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be changed at prevailing rates.
8. Alterations/Corrections: Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider's current rates.
9. Prepress Proofs: The provider will submit prepress proofs along with original copy for the customer's review and approval. Corrections will be returned to the provider on a "master set" marked "O.K.", "O.K. with corrections", or "Revised proof required" and signed by the customer. Until the master set is received, no additional work will be performed. The provider will not be responsible for undetected production errors if: A. proofs are not required by the customer; B. the work is printed per the customer's O.K.; C. requests for changes are communicated orally.
10. Press Proofs: Press proofs will not be furnished unless they have been required in writing in the provider's quotation. A press sheet can be submitted for the customer's approval as long as the customer is present at the press during makeready. Any press time lost or alterations/corrections made because of the customer's delay or change of mind will be charged at the provider's current rates.
11. Color Proofing: Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance.
12. Over-Runs or Under-Runs will not exceed 10% of the quantity ordered. The provider will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
13. Customer's Property: The provider will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider's possession. The provider's liability for this property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing, and if the premium is paid to the provider.
14. Delivery: Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. provider's platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the provider, or from the customer's supplier to the provider, are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work of its segments, whichever occurs first.
15. Production Schedules: Production schedules will be established and followed by both the customer and the provider. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the provider. In such cases, schedules will be extended by an amount of time equal to delay incurred.
16. Customer-Furnished Materials: Materials furnished by customers or their suppliers are verified by delivery tickets. The provider bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by the provider. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by the provider without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by the provider at the provider's current rates.
17. Outside Purchases: Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
18. Terms, Claims & Liens: If customer is approved for credit by provider, payment is net cash 30 calendar days from date of invoice. Claims for defects, damages or shortages must be made by the customer in writing no later then 10 calendar days after delivery. If no such claim is made, the provider and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider's performance has fully satisfied all terms, conditions, and specifications. The Provider's liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, the provider has the right to hold and place a lien on all customer property in the provider's possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred. In addition, a charge of 1.5% per month (annual percentage rate of 18%) will be applied to past due balances.
19. Liability - A. Disclaimer of Express Warranties: Provider warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed. B. Disclaimer of Implied Warranties: The provider warrants only that the work will conform to the description contained in the purchase order. The provider's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages.
20. Indemnification: The customer agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions and proceedings on any and all grounds. This will apply regardless of responsibility for negligence. A. Copyrights. The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold the provider harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided. B. Personal or Economic Rights. The customer also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or other personal or economic rights. The customer will, at the customer's sole expense, promptly and thoroughly defend the provider in all legal actions on these grounds as long as the provider: 1. promptly notifies the customer of the legal action 2. gives the customer reasonable time to undertake and conduct a defense. The provider reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law.
21. Storage:The provider will retain intermediate materials until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period at additional charge. The provider is not liable for any loss or damage to stored material beyond what is recoverable by the providers fire and extended insurance coverage.
22. Taxes: All amounts due for taxes and assessments will be added to the customer's invoice and are the responsibility of the customer. No tax exemption will be granted unless the customer's "Exemption Certificate" (or other official proof) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that additional tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse the provider for any additional taxes paid.
23. Telecommunications: Unless otherwise agreed, the customer will pay for all transmission charges. The provider is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
There are important limitations associated with PDF Soft Proofs-Please read below:
A PDF (Portable Document Format) Soft Proof has been sent to you via the soft proofing area of B&B's Customer Center. Access to the soft proofing area of the site and to this specific proof requires a user specific password. Approving the proof through B&B's Customer Center will constitute binding approval. The PDF Soft Proof is an electronic Color and Imposition Proof used to proof the color and imposition of your job. It has significant limitations detailed below. If you do not want to use the Soft Proof service, B&B will provide you with a traditional hard copy of the proof.
This is your final proof prior to going to press so review this proof carefully. Look for any errors including but not limited to color, copy errors, color-split errors, trapping errors and imperfections. If more than one proof was part of the download, this is an item that will be printed multiple up on the press sheet. Please check each proof to assure accuracy. If there are changes, select "Changes are noted below, provide another proof", make notations in the "comments" area of the online proof form and submit the changes. Please be very clear when describing changes. If the proof is acceptable, select "OK as is" and submit.
There are many limitations in an electronic Soft Proof that are not present in a traditional hard copy proof. Among them are the fact that a Soft Proof is low resolution, transmissive (as opposed to reflective like a hard proof), not color calibrated, etc., and does not show finishing (folding, stitching, perforations, etc.) or pagination (back up). If you view the proof on a computer monitor that is not properly color calibrated, the Soft Proof will look different from the final hard copy product.
By forgoing a traditional hard proof, you understand these limitations and assume all risks and liabilities, financial and otherwise, associated with using the Soft Proof service, and you further agree to indemnify and hold B&B harmless from any claims, damages or liabilities that arise from or relate to your use of the Soft Proof service.
B&B will not be responsible for production errors detected after the Soft Proof has been accepted, or for requests for changes that are communicated orally. B&B does not assume any responsibility for art or copy that has not been proofread. B&B does not assume any responsibility for the color calibration of a customer's monitor or for the differences between a soft proof and a high-resolution hard copy color proof. B&B does not assume any responsibility for any errors which result from the limitations of soft proofing. This job is subject to the terms and conditions located at www.bbsmartsolutions.com/terms-and-conditions. Alterations from original copy will require an additional charge. The digitally approved proof must be returned to B&B to proceed.
There are important limitations associated with Mailing Proofs-Please read below:
A PDF (Portable Document Format) Mailing Proof has been sent to you via the mailing proofs area of B&B's Customer Center. Access to the mailing proofs area of the site and to this specific proof requires a user specific password. Approving the mailing proof through B&B's Customer Center will constitute binding approval. The PDF Mailing Proof is an electronic proof used to proof the mailing data called the "Data Verification Report", the template (item being mailed) and the location on the template where the mailing data will be addressed. It has significant limitations detailed below. If you do not want to use the Mailing Proof service, B&B will provide you with an alternative solution, if requested.
This is your final proof prior to mailing so review this proof carefully. Look for any errors including but not incorrect data, incorrect fields, incorrect template, and incorrect location on the template being addressed. There may be multiple databases and multiple templates (i.e. multiple lots) being used on each job. Please check each proof to assure accuracy and make sure that proper data is matched with proper lots. If there are changes, select "Changes are noted below, provide another proof", make notations in the "comments" area of the online proof form and submit the changes. Please be very clear when describing changes. If the proof is acceptable, select "OK as is" and submit.
This Mailing Proof is not intended to proof for color or imposition. If we are printing this job, we will provide you either a Soft proof or a Hard Proof which will proof imposition and color prior to going to press. If you view the proof on a computer monitor the mailing proof will look different from the final hard copy product. Important note regarding mailing address image quality: B&B uses high speed ink jetting to address products. This output will be a lower resolution than what appears on the mailing proof. This quality is commonly regarded as acceptable in the mailing industry. If you would like to see a sample of this quality, view our inkjet mailing samples. By accepting this proof, you approve and accept this image quality. By accepting this mailing proof, you understand these limitations and assume all risks and liabilities, financial and otherwise, associated with using the Mailing Proof service, and you further agree to indemnify and hold B&B harmless from any claims, damages or liabilities that arise from or relate to your use of the Mailing Proof service.
B&B will not be responsible for production errors detected after the Mailing Proof has been accepted, or for requests for changes that are communicated orally. B&B does not assume any responsibility for art or copy that has not been proofread. B&B does not assume any responsibility for incorrect data, missing data, or for the differences between the image quality of a soft proof and the actual inkjet product quality. B&B does not assume any responsibility for any errors which result from the limitations of soft proofing. This job is subject to the terms and conditions located at www.bbsmartsolutions.com/terms-and-conditions. Alterations from original provided materials will require an additional charge. The digitally approved proof must be returned to B&B to proceed.
Commitment to Privacy
The Information We Collect
As a part of providing online services, B&B collects passively and actively provided information for our users. This information is collected in order to:
• Research site usage to better fine‐tune our services
• Provide security for your website transactions
• Configure products for your use
This information can include information collected automatically, such as IP address and areas of our site accessed, as well as information the user sends, such as email, or filling out a form with personal information.
Cookies and Local Files
As part of the normal operation of our online sites, certain local files called cookies are created on your hard drive. These files are used to allow you to access secure areas of the site, and to help us provide a more seamless navigation experience. These files contain only temporary identifiers, not personal information, and are not accessible by other sites.
How We Use Information
The information B&B collects, whether automatically collected, or provided by our users via email or online form, is used internally in order to meet the specific request, or used in aggregate to improve and fine‐tune our products and services. We reserve the right to use the information to contact you if needed in order to provide the highest level of product satisfaction and customer service.
B&B has a number of outside vendors. These vendors may be provided information relating to specific performance of duties relating to fulfilling a customer request. Our vendors are required to exercise all due care to safeguard this information, and are only authorized to use it to complete the required work.
B&B does not sell or otherwise disclose personal information to third parties for purposes of marketing or any related area.
B&B also reserves the right to disclose information in other circumstances not covered in this policy as required or permitted by law.
Links to Third Party Sites
Our website may give our users the option to visit third party sites, outside of the BBsmartsolutions.com domain. B&B assumes no responsibility for privacy considerations on those sites unless otherwise stated. Visitation and/or use of these sites is the responsibility of the user, and is covered under the policies, if any, of the third party site.
Changes to this Policy
B&B reserves the right to revisit and modify this policy. The policy is linked from our website, please review it frequently.