Terms and Conditions
This website is operated by North and Third. Throughout the site, the terms “we”, “us” and “our” refer to North and Third. By accessing or using our website, including purchasing products, you agree to be bound by our Terms and Conditions ("Terms").
Please read these Terms carefully before using our website. By accessing any part of the site, you agree to be bound by these Terms. If you do not agree, do not use the site or any services.
We reserve the right to update or change our Terms at any time. It is your responsibility to check for updates. Continued use of our website after changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., providing us with the e-commerce platform to sell our products to you.
ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, or that you have given consent for your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction, including copyright laws.
You must not transmit any worms, viruses, or destructive code.
Any breach of these Terms will result in immediate termination of your services.
We are not responsible if the information on this site is inaccurate, incomplete, or outdated. The material is provided for general information only and should not be relied upon as the sole basis for decisions. Consult primary, accurate, and timely sources before making decisions. Reliance on the material is at your own risk.
This site may contain historical information, which is provided for reference only and is not current. We reserve the right to modify the site content at any time, but we are not obligated to update any information. It is your responsibility to monitor changes to our site.
Prices for our products may change without notice. We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.
We are not liable for any modification, price change, suspension, or discontinuance of the Service.
DESIGN AND CONSULTING
It is understand that each client has spent a satisfactory amount of time reviewing North and Third's work and has a reasonable expectation that North and Third’s Services will produce a reasonably similar outcome and result for Client. North and Third will use reasonable efforts to ensure Client’s Services are carried out in a style and manner consistent with North and Third’s current portfolio and services, and will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
- Every client and final delivery is different, with different tastes, budgets, and needs.
- Graphic design is a subjective service and North and Third and our designers are a provider with a unique vision, with an ever-evolving style and technique.
- North and Third will use his/her personal judgment to create favourable results for Client, which may not include strict adherence to Client’s suggestions.
- Dissatisfaction with Contractor’s independent judgment or individual management style are not valid reasons for termination or request of any monies returned.
Client guarantees it owns all intellectual property it provides to North and Third, such as text, images, artwork and designs, or Client guarantees it has permission to use any intellectual property it provides to North and Third. Client agrees to indemnify and hold harmless North and Third, and its subcontractors and assignees, from any intellectual property infringement claims regarding any and all materials Client provides to North and Third.
Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
Any and all work created as a result of North and Third’s Services is considered a work for hire and are expressly assigned to and owned by Client upon full and final payment. North and Third retains the right to use artwork and final products as samples of services for marketing or North and Third’s other business development needs.
Client agrees that the accuracy of information supplied to North and Third is the sole responsibility of Client, and that North and Third is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information provided by Client. Client assumes full responsibility for final deliverable(s) provided, final proofing and accuracy.
If it becomes impossible for North and Third to render Services due to the fault of the Client or parties related to Client, such as failure to provide necessary elements of the Services or failure of one or more essential parties to the Services to complete tasks in a timely manner, itis within North and Third’s sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to North and Third.
Color proofing: Because of the differences in equipment, processing, proofing substrates, paper, inks, pigments and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.
Pre-press proofs: Pre-press proofs in the form of bound proofs, assembled by printer as per the specifications in the quotation and based on customer’s supplied press ready artwork, shall be sent to customer for approval before the onset of production. The bound proofs are meant to represent what the final product would look like as closely as possible for color, sizing, materials, finishing and binding. Any necessary revisions to content shall be approved based on revised content resubmitted b the customer and digital PDF proof(s) returned to customer for approval. If quality deficiencies of the proof are found that vary from the quotation specifications or are a result of printer error, a new bound proof may be created by the printer and resent to customer. Decision to do so will be considered on an order by order basis. Written approval via email will be accepted as customer approval for printer to proceed to production. With approval of bound proof, customer acknowledges that on final production printer will match as close as reasonably possible to customer approved bound proof.
Production schedules will be established and adhered to by customer and Company provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of supplier and carriers, action of government of civil authority and acts of nature or other causes beyond the control of customer or Company. Where production schedules are not adhered to by the customer, final delivery date(s) will be subject to negotiations.
Unless otherwise specified, quotations do not include shipping and delivery. Delivery is weight based on final bulk packed cartons using the daily rates provided by couriers for various transport options.
GENERAL PROVISIONS
The Parties understand and agree that North and Third is an independent contractor. Neither North and Third nor North and Third’s agents shall be entitled to and waive any and all claims to any employee benefits as a result of Client’s relationship with North and Third. It is understood by the Parties that the relationship established by this Agreement is one of an independent contractor and not an employment relationship, joint venture, partnership, or otherwise. North and Third is not authorized to enter contracts or agreements or create obligations on behalf of Client to third parties unless otherwise indicated by Client, in writing.
North and Third has made every effort to ensure that all business services have been tested for accuracy. There is no guarantee that customer will see positive results to its business through sales of the completed product(s) produced and materials provided by North and Third. North and Third assumes no management responsibility for customer’s decisions or for policies or practices that customer implements. Any statements related to income or projected earnings potential, regardless of medium, are examples of what may be possible. North and Third makes no guarantees regarding results, present or future. North and Third is not responsible for customer’s earnings, sales or other business performance as per this Agreement.
Customer agrees to indemnify and hold harmless the North and Third, their directors, officers, employees, independent contractors, agents, successors, etc. from and against any and all damages, losses, costs and expenses (including reasonable outside legal costs) incurred by North and Third from actions brought by a third party as a result of or in connection with North and Third’s appearance or association with Customer, unless such claim arises from North and Third's acts or omissions or arises from or is related to breach of any obligation and/or warranty made by North and Third hereunder.
Industry standards for quality control guarantees that deficiencies be limited to 2% of the entire order. Due to the offset printing process, often more copies than the order quantity are produced. IF this occurs, company might use these surplus copies for marketing purposes including, but not limited to our website, physical displays and samples. Displays, photography and samples are strictly intended to demonstrate the quality of our work to potential clients.
North and Third retains the right to display the Deliverables in Company portfolio and website, in galleries, design periodicals and other media or exhibits for the purpose of recognition of professional advancement and to be credited as the publisher of the Deliverables in connection with such uses. North and Third may describe it’s role in relation to the project and services provided on its website and in other promotional materials and, if not expressly objected to, have the option to include the Client’s name and or logo on their website acknowledging North and Third’s work with client.
Proofing is the first stage of production and begins as soon as press ready artwork is received. A physical, bound proof is assembled and delivered to the customer using customer’s supplied artwork and based upon approved specifications (first page of signed quote above). North and Third must be informed of any concerns regarding the bound proof prior to the printing process. Approval of the proof by the customer constitutes acceptance of the proof as it is or with any agreed upon revisions, and North and Third will proceed to print and match as close as reasonably possible to the proof during production. After proof approval the customer is responsible for paying the entire amount of the print order, unless otherwise agreed upon in advance.
Any necessary changes after proof approval, not previously agreed upon, are subject to extra charges and potential delivery delays.
Cancellation of an order will only be accepted prior to proof approval and will be subject to administrative fees (credit card fees etc.) plus any labor hours (graphic design, typesetting, etc.), if applicable.
The governing law for this agreement shall be the laws of the Province of Ontario, Canada, without regard to conflicts of law principles. Any proceeding involving such controversies shall be adjudicated under the laws of Ontario consistent with the foregoing in this Paragraph. The parties hereto agree that all disputes arising under this agreement shall be submitted to binding arbitration, before a single neutral arbitrator, who shall be a retired judge of a provincial or federal court, and the site of any such arbitration shall be in Ontario with judgment capable of being entered solely in any court of competent jurisdiction in Ontario, Canada.
The services are sold “as is” to the extent allowable by law, the maximum liability of North and Third, it’s directors, officers, employees, agents or affiliates, to Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, whether in Contract, tarot or otherwise, shall be limited to the fees paid under this agreement. In no event shall North and Third be liable for lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the services, even if North and Third has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
This Agreement constitutes the entire understanding between the Client and North and Third and superseded any prior agreements or understandings, whether written or oral, relating to the subject matter herein.