Terms & Conditions
Changes & Cancellations
The Customer may cancel or change any order by giving notice to Circle, provided that the Customer will be obligated to pay cancellation or change charges, depending on when in the order and production process Circle receives the cancellation or change notice. Cancellation and change charges apply as follows: (i) if the notice is received prior to the point of printing, the Customer is liable for Circle’s out of pocket expenses (such as hardcopy proof charges, special prepress charges and similar items); (ii) if the notice is received during or after production and prior to shipping, the Customer is liable for the invoice price of the production that has been printed or for which printing could not reasonably be stopped; and (iii) if the notice is received after shipping, the Customer is liable for the full invoice price of the order, including shipping costs. Note that if the Customer changes the artwork after the original order has been approved and printed, the Customer is liable not only for the invoice price of the original production, but also for the invoice price of the production based on the revised artwork. An order submitted with a NO PROOF option is the Customer’s explicit instruction to print the design that was supplied to Circle and serves as a pre-approved design or piece of artwork.
Please note, the Customer’s job can be changed or cancelled without incurring substantial expense (other than out of pocket expenses as provided in clause (i) above) at any point prior to printing. All change or cancellation requests for jobs that have already been approved to print should be called in to your Account Manager immediately with confirmation by email. If your Account Manager is not available, please ask for “any” Account Manager. If it is after-hours and you need to cancel a production job, please email email@example.com with the order number and instructions. Jobs move extremely quickly through our factory, and we will do our best to stop production on your order as soon as reasonably practicable. However, for purposes of determining charges for cancellations or changes pursuant to the preceding paragraph, only notices by email or in writing will count, and such notice will be considered received 3 hours after its actual receipt in the Account Manager’s email, or if the email is received after 4 PM Mountain time, the notice will be considered received at 9 AM Mountain Time on the following business day.
Pro-Bono and Charity work
Circle supports a wide range of industry initiatives and organizations principally through the OAAA (Outdoor Advertising Association of American), The Ad Council, and The Foundation for a Better Life. However, our business model as the best value in the industry leaves very little excess operating margin to support all of the worthy causes that our many Customers are involved in on a daily basis. As such, we are unable to donate production for the worthy causes that our Customers support and to which they may generously donate their billboard space. Please be understanding of this policy as we strive to keep our costs and yours at a low and sustainable level.
Force Majeure & Vicissitudes
Circle shall not be responsible for delays or problems caused by: acts of God, fires, riot or insurrection, strikes or differences with or among workmen, government interference, inability to secure transportation, weather conditions, timing of deliveries from Circle’s vendors or suppliers, network outages or inaccessibility, or other contingencies beyond Circle’s reasonable control including Circle’s partners and vendors filing bankruptcy or otherwise going out of business. Should any of the foregoing conditions continue for a period of thirty (30) days after its first occurrence, Circle may cancel any existing orders without incurring any liability to the Customer.
Governing Law, Arbitration
These Terms and Conditions and the purchase order shall be governed by and construed in accordance with the laws of the State of Colorado applicable to agreements entered into and to be wholly performed within such state.
All claims, disputes and other matters in question between Circle Graphics and the Customer arising out of or in any way relating to these Terms and Conditions or the purchase order, or the breach hereof, shall be determined by arbitration in Colorado in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, as modified or supplemented by the provisions hereof. Notice of demand for arbitration shall be filed in writing with the other party with the American Arbitration Association in Colorado. In no event shall the demand for arbitration be made after the date when the institution of legal or equitable proceedings based upon such claim, dispute or other matter in question would be barred by these Terms and Conditions or by the applicable statute of limitations. The arbitration shall be before a single arbitrator mutually agreed upon by the parties. In the event that the arbitrator cannot be mutually agreed upon, such arbitrator shall be selected in accordance with the rules of the American Arbitration Association. Any such dispute shall, to the extent practicable, be heard within 60 days after the final responsive pleading is due. No discovery deposition shall be undertaken in any such proceeding, but written information requests and documents discovery, using 20 day request periods, shall be undertaken as needed by the parties. The arbitrator’s award and order (which may include an order of specific performance) shall be enforceable in any court of competent jurisdiction. The determination of the arbitrator shall be final and binding on all parties. All of the costs and expenses of the arbitration shall be borne equally by the parties to the dispute or in such other manner as the arbitrator may determine to be appropriate.