Terms of service
Last updated: [DATE ON PUBLICATION]
These Terms of Service ("Terms") are an agreement between you and FlashyPrint ("FlashyPrint", "we", "us", "our"). They govern your use of flashyprint.com and any related pages, tools and services (the "Site"), and every order you place with us.
Please read them. They set out what we are responsible for, what you are responsible for, and what happens when a job goes wrong. They include a limit on our liability, a section about disputes, and rules about the artwork you send us. By using the Site or placing an order, you accept these Terms. If you do not accept them, do not use the Site or order from us.
Some products carry additional terms that apply on top of these. Where an additional set of terms conflicts with these Terms, the product-specific terms win for that product. Our Refund Policy, Privacy Notice and Artwork and Content Policy form part of this agreement.
1. Who can order
You must be at least 18 years old to order from FlashyPrint.
You may order as an individual or on behalf of a business. If you order on behalf of a business, you confirm you are authorised to bind that business to these Terms, and "you" means both you and that business.
Ordering for commercial use, resale, or distribution to your own customers is permitted. We produce custom printed goods for businesses and expect them to be used commercially.
2. What we are
FlashyPrint is a printing company. We take your artwork and specification, have it produced on commercial printing equipment, and ship the finished goods to you. Some or all production is carried out by third-party production partners on our instruction. We remain your contracting party for the order regardless of who physically produces it.
3. Placing an order
When you submit an order you are making an offer to buy. That offer is accepted when we confirm acceptance, not when your payment is authorised. Until we accept, no contract exists.
We may decline or cancel any order at our discretion, including where:
- the artwork breaches our Artwork and Content Policy;
- the price shown was wrong because of a technical, typographic or pricing fault;
- the specification cannot actually be produced;
- we suspect fraud, an unauthorised payment method, or unlawful use;
- we are unable to verify the details you supplied.
If we cancel after taking payment, we refund you in full. That refund is our entire liability for the cancellation.
4. Prices and payment
Prices on the Site are quoted in US dollars and are calculated from the options you select. Prices, discounts and promotions can change at any time without notice. The price that applies to your order is the price shown when you place it and confirmed in your order confirmation.
Unless stated otherwise, prices exclude sales tax and shipping. You are responsible for all applicable taxes and duties.
Payment is taken at checkout and must clear before production begins. You confirm you are authorised to use the payment method you supply.
If you dispute a charge with your bank instead of contacting us first, we may suspend or cancel any of your open orders while the dispute is resolved.
5. Your artwork
This section matters more than any other. Read it carefully.
5.1 You must have the rights
"Your Artwork" means every file, image, logo, photograph, font, text, design, and any other material you upload, email, or otherwise supply to us for production, and anything you create using tools on the Site.
You represent and warrant that:
- you own Your Artwork, or you hold every licence, permission, consent and release necessary to have it reproduced and printed by us and by our production partners;
- Your Artwork does not infringe anyone's copyright, trademark, trade dress, patent, design right, right of privacy, or right of publicity;
- where Your Artwork shows an identifiable person, you have that person's permission to reproduce their likeness;
- Your Artwork does not breach our Artwork and Content Policy.
We do not check, and have no obligation to check, whether you hold rights in Your Artwork. We rely entirely on your warranty above. Printing something for you is not our endorsement of it and is not our opinion that you are entitled to print it.
5.2 Licence you give us
You grant FlashyPrint and our production partners a non-exclusive, worldwide, royalty-free licence to store, reproduce, modify for production purposes, and print Your Artwork, for the sole purpose of producing and delivering your order and meeting our legal obligations. Modification for production purposes means technical preparation only, such as colour conversion, resizing, imposition or file repair. It is not a licence to change your design.
We do not use Your Artwork in our own marketing, on the Site, or on social media without your separate written permission.
5.3 You indemnify us
You agree to indemnify FlashyPrint, our production partners, and our officers and employees against any claim, demand, loss, damage, cost or expense (including reasonable legal fees) arising from a third party alleging that Your Artwork infringes their rights, or arising from your breach of this section 5.
This is not theoretical. If a brand owner writes to us about something we printed on your instruction, this clause is what determines who carries the cost.
5.4 We can refuse
We may refuse to print, or stop printing, any job at our discretion where we believe Your Artwork infringes a third party's rights, breaches our Artwork and Content Policy, or exposes us to legal risk. If we refuse before production, we refund you. We are not liable for anything beyond that refund.
5.5 How long we keep your files
We retain Your Artwork for a limited period after your order so that repeat orders and claims can be handled, then delete it. See our Privacy Notice for the current period. Do not treat FlashyPrint as a backup of your artwork. Keep your own copies.
6. File review, proofs, and what we do not check
A person at FlashyPrint reviews every file before it goes to production. That review is a technical check. We look for problems that would cause a bad print, such as missing bleed, insufficient resolution, incorrect colour mode, or content sitting in the trim area.
We do not proofread. We do not check spelling, grammar, dates, prices, phone numbers, web addresses, or any other content of your design. We do not verify that the size or quantity you chose is the one you meant to choose. Printed content is your responsibility.
Where we flag a problem and you instruct us to proceed anyway, we will print it as instructed and the result is not eligible for a claim.
Where a proof is provided and you approve it, your approval is your acceptance of everything visible in it, including any errors it contains.
7. Turnaround, production and delivery
7.1 Turnaround means production time
Turnaround times quoted on product pages, in quotes, in the cart, at checkout or in any communication from us are production times. They measure how long the job takes to make. They do not include shipping and they are not a total time to your door.
Production time begins when your payment has cleared, your artwork has been received in full, and a person has reviewed it and released it to production. It does not begin when you place the order. Where a file problem requires your input, production time does not begin or continue to run until the problem is resolved.
Production time is counted in business days and excludes weekends and public holidays.
7.2 All times are estimates
Every production time, transit time, delivery date, delivery window and arrival estimate that we or a carrier provide is an estimate given in good faith. None of them is a guarantee, a warranty, a condition of sale, or a term of your order.
Time is not of the essence in this agreement. Unless we have agreed a specific guaranteed date with you in a separate signed writing, no date communicated to you at any point creates an obligation to deliver by that date.
7.3 We do not guarantee delivery dates
Delivery is performed by third-party carriers we do not control. Any date or window shown at checkout, in tracking, in an email, or on a carrier's own website is that carrier's estimate. It is not a commitment by FlashyPrint.
We are not liable for any delay in production or delivery, or for any failure to meet an estimate, including where it is caused by carrier delay or failure, weather or natural events, transport network disruption, incorrect or incomplete address details, failed or refused delivery attempts, customs, equipment failure, material shortage, industrial action, power or network outage, acts of government, or any other cause outside our reasonable control.
Expedited or upgraded shipping shortens the expected transit time only. It does not guarantee arrival by any date and it has no effect on production time.
7.4 Deadlines and events
Printed materials are frequently ordered for an event or a fixed date. If your order is time critical, tell us before you place it so we can tell you whether it is realistic, and order with margin.
A delay in production or delivery is not grounds for cancelling an order that has entered production, for refusing delivery, or for a refund, discount, credit or compensation of any kind. To the fullest extent permitted by law we accept no liability for any consequence of a missed date, including event costs, venue costs, lost sales, lost business or opportunity, staff time, or the cost of having the work produced elsewhere. This applies whether or not you told us about the deadline.
7.5 Shipping, address and risk
We ship within the United States only.
You are responsible for the accuracy and completeness of the delivery address you provide. Where a shipment is delayed, returned, lost or undeliverable because of an address error, an unattended or inaccessible delivery point, or a refused or unclaimed delivery, we are not responsible for the delay and any reshipment is at your cost. Custom printed goods returned to us as undeliverable are not refundable.
Orders containing multiple items may be produced and shipped separately, and may arrive on different days under different tracking numbers.
Title and risk of loss pass to you when we transfer the goods to the carrier.
7.6 Inspection and claims
You must inspect your delivery promptly on arrival, whether or not you need the goods immediately, and report any damage, shortage or fault within the claim window in our Refund Policy. Retain all packaging until any claim is resolved. Claims made after the window are not eligible for a remedy.
Full details of shipping rates, production timing and transit claims are on our Shipping & Turnaround page, which forms part of these Terms.
8. Changing or cancelling an order
Custom printed goods are made specifically for you and have no resale value to anyone else.
You may cancel or change an order for a full refund at any time before it enters production. Once it enters production, it cannot be cancelled, changed or refunded, because materials and press time have already been committed to your job.
If you need to cancel, contact us immediately at info@flashyprint.com with your order number. We will tell you whether the job has already started.
9. Colour, materials and tolerances
Screens show colour using light. Presses reproduce colour using ink on a physical surface. The two will never match exactly. Colour differences between what you saw on your device and what arrives are expected, are a physical property of printing, and are not a production fault.
Uncoated and recycled stocks absorb ink and print softer and less saturated than coated stocks. Natural variation occurs between production runs, between materials, and in trimming within normal industry tolerance.
Unless we have agreed a specific colour standard with you in writing before production, we do not guarantee colour matching to a sample, a previous order, a brand guideline, or a Pantone reference.
10. Defects and claims
If your order arrives with a fault caused by us, our Refund Policy sets out how to claim, the time limit for claiming, and what remedies are available. Read it before ordering. It forms part of this agreement.
11. Your account
Where you create an account, you are responsible for everything done through it and for keeping your access details secure. Tell us immediately if you believe someone else has access. You may not sell, transfer or share your account.
12. The Site and our content
The Site and everything on it that is ours, including text, layouts, graphics, photographs, product imagery, guides and the FlashyPrint name and logo, belongs to FlashyPrint or our licensors and is protected by intellectual property law.
You may use the Site to browse, design, evaluate and order products from us. You may not copy, republish, resell, scrape, mine, or build a competing service from any part of it, and you may not use it to train a machine learning model, without our written permission.
Design templates and design elements we make available are for use in products you order from us. Using them does not transfer ownership of the underlying element to you, and we may make the same element available to other customers.
13. Third-party services
The Site uses third-party services and may link to third-party websites. We do not control them and are not responsible for their content, their products, or how they handle your information. Their terms and privacy policies apply to your use of them.
14. Prohibited use
You may not use the Site to break the law, infringe anyone's rights, transmit malware, interfere with the Site's operation, evade our security, harvest other people's information, impersonate anyone, or place orders you do not intend to pay for. We may suspend or terminate access at any time for breach of these Terms.
15. Disclaimer
The Site and its content are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error free, or that information on it is complete or current.
Nothing in these Terms excludes any right you have under law that cannot legally be excluded.
16. Limit of our liability
To the fullest extent permitted by law, FlashyPrint's total liability to you for any claim arising out of or relating to an order, these Terms, or your use of the Site is limited to the amount you actually paid for the order the claim relates to.
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, punitive or consequential loss of any kind, including lost profit, lost revenue, lost business, lost opportunity, wasted expenditure, missed events or deadlines, reputational harm, or the cost of obtaining substitute goods, even if we were told such loss was possible.
Printed materials are often ordered for a fixed date. If your job is time critical, order with margin and tell us before you order. We do not accept liability for consequences of a missed date.
17. Indemnity
You agree to indemnify and hold harmless FlashyPrint, our production partners, and our officers, employees and agents from any claim, loss, liability, cost or expense, including reasonable legal fees, arising from your breach of these Terms, your violation of any law or third-party right, or Your Artwork.
18. Disputes
18.1 Talk to us first
Before starting any formal proceeding, contact us at info@flashyprint.com with your order number and a description of the problem. Most disputes are resolved this way. We ask for 30 days to respond.
18.2 Governing law
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18.3 Arbitration and class action waiver
[DECISION POINT: this subsection is included on the recommendation in the accompanying brief. Remove the whole of 18.3 and rely on 18.4 alone if you decide against arbitration. Do not publish with both approaches half-applied.]
Any dispute that is not resolved under 18.1 will be settled by binding individual arbitration administered in Orange County, Florida, rather than in court, except that either party may bring a claim in small claims court where it qualifies.
You and FlashyPrint each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. An arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.
If this class action waiver is found unenforceable, the whole of 18.3 is void and disputes proceed under 18.4.
18.4 Courts
Where a dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in Orange County, Florida. You and FlashyPrint each consent to the jurisdiction of those courts.
19. General
Changes. We may update these Terms. The current version is always on this page with its date. The version that applies to your order is the one in effect when you placed it. Continuing to use the Site after a change means you accept the updated Terms.
Events outside our control. We are not liable for failure or delay caused by anything beyond our reasonable control, including equipment failure, material shortage, carrier failure, severe weather, industrial action, power or network outage, or acts of government.
Severability. If any provision is found unenforceable, it is limited or removed to the minimum extent necessary and the rest of these Terms continue in force.
No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
Assignment. You may not assign this agreement without our written consent. We may assign it, including in connection with a sale or reorganisation of the business.
Entire agreement. These Terms, together with the Refund Policy, Privacy Notice, Artwork and Content Policy, and any product-specific terms, are the entire agreement between us about their subject matter.
20. Contact
FlashyPrint
1317 Edgewater Drive, Orlando, FL 32804, United States
info@flashyprint.com
800-686-8646