PFL Tech, Inc.
PFL Technology Solutions Standard Terms and Conditions
In using our website and/or technology you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions: "Client", "You" and "Your" refer to you, the company or person using our website and/or technology and accepting these terms and conditions. "PFL", "We"' and "Our" refer to our company, PFL Tech, Inc. "Parties" refers to both the Client and PFL, and "Party" refers to either the Client or PFL.
1. Digital Files

The PFL website will define the minimum press ready file requirements (the "File Requirements"). You agree that the digital print files you provide to PFL will meet the File Requirements. If your files do not meet the File Requirements, at Our discretion, PFL will modify the files to meet the File Requirements or request new files from you. Each time you provide a file that does not meet the File Requirements and PFL must modify such file, PFL will charge an additional fee. Such fees will be specified in the Order Form.

You acknowledge the quality of the digital print files you provide PFL directly impacts the aesthetic quality of the final printed pieces. PFL is not responsible for digital file deficiencies that reduce the aesthetic quality of the final printed pieces. Such deficiencies may include, but are not limited to: low resolution images, absence of bleeds, and violation of safe zone.

2. Integration with the PFL Technology Solutions

You acknowledge that the prices in the Order Form(s) are discounted from Our public prices, and that the discounted pricing is dependent on automated use of the PFL Technology Solutions. Therefore, both Parties agree to use their best efforts to complete the PFL Technology Solutions integration in an expeditious manner. Orders placed outside of the PFL Technology Solutions, including but not limited to orders placed via phone, email, or website, may be subject to higher pricing than described in the Order Form(s). We will notify you of such higher pricing before processing orders made outside of the PFL Technology Solutions.

3. Guarantee and Service Level:
a. Guarantee:

PFL guarantees the final product will be free of manufacturing defects. PFL is not responsible for customer errors or other damage outside of Our control.

This guarantee is limited to reprint of the original order quantity. PFL reserves the right to have you return the original order, at your cost, before reprinting.

PFL is not responsible for any damages or claims you incur as a result of receiving printed materials which are defective, incomplete, or received later than the estimated delivery date.

The products and services PFL provides can be used in many applications and environments. It is your responsibility to determine the suitability of the products and services in your particular application. PFL expressly disclaims all warranties, express or implied, with respect to the products or services provided, including warranties of merchantability and fitness for a particular purpose.

This guarantee does not cover fees for mailing service or postage. PFL is not liable for errors by FedEx, UPS, or the U.S. Postal Service, including loss, damage or delay.

b. Service Level

We pride ourselves on our high system availability and award-winning customer service. In the event the PFL Technology Solutions service is disrupted, PFL will provide support to you within eight hours and appoint a problem resolution specialist to work with you on a solution and resubmission of any print jobs that were disrupted. This support will be offered at no additional charge.

c. Support

PFL will provide customer support for the Software as part of the Customer's Software fee at 1-800-930-5088 or, Monday through Friday 8:00 a.m. to 5:00 p.m. MST.

4. Delivery:

Ninety percent of all orders will be produced and shipped within the timelines specified in the Agreement. If production and shipment times are not specified, orders will be shipped within four business days (orders must be received by 2 pm ET). In the event an order will not be produced and shipped within the specified timeline, you will be notified. All orders and data associated with orders are to be delivered via PPS, and/or TMA.

5. Termination:

Both the Client and PFL have the right to terminate the Agreement prior to its expiration with written notice from one Party to the other if one or more of the following occur:

  1. If one Party, or a direct or indirect holding company of that Party, become subject to voluntary or involuntary bankruptcy, insolvency, receivership, conservatorship or like proceedings.
  2. If one Party effects a sale of substantially all of its assets or any form of assignment of substantially all of its assets for the benefit of its creditors.
  3. In the case of a material breach of any term of the Agreement by one Party that continues uncured for a period of 15 days after notice thereof is given in writing by the non-breaching Party to the breaching Party setting forth the basis of the breach.
6. Confidential Information:

The term "Confidential Information" shall mean and include:

  1. the terms of the Agreement (provided that either Party may confidentially disclose such terms to an actual or potential financing source or acquirer);
  2. all trade secrets and other confidential business information provided by the disclosing Party in the course of performance by either Party of its obligations under the Agreement;
  3. any information or data disclosed by a Party under or in contemplation of the Agreement including but not limited to either Party's existing or prospective customer information; and
  4. all business plans, marketing strategies and programs (including advertising).
  5. all information concerning disclosing party's products or services, plans or roadmaps, current or future business, network architecture and systems, and such other information disclosed, that receiving party knows or reasonably ought to know is disclosing party's Confidential Information.

Confidential Information furnished by one Party to the other in connection with the Agreement will be kept in confidence by the other Party and its affiliates. Such confidence will be kept in accordance with its own policies for information of similar content, but in no less than a reasonable degree of care. Such policies will include, at a minimum, generally accepted industry standards requiring each Party to maintain the safety and security of Confidential Information. In addition, the receiving Party shall:

  1. not use the disclosing Party's Confidential Information except in the exercise of its rights or in performance of its obligations; and
  2. not disclose such Confidential Information to any third Party, other than affiliates and sublet vendors used in the normal course of operation; provided that such affiliates and sublet vendors must have written confidentiality obligations in place with the receiving party of the Confidential Information that protect the disclosing party's Confidential Information at least as much as described in this section.

Any content provided by You is Your Confidential Information. PFL will not copy, distribute or otherwise use such content except to fulfill Your orders. During the term of the Agreement and for twelve months thereafter, PFL will not solicit or attempt to solicit any of your customers covered by the Agreement. Upon any expiration or termination of the Agreement or at an earlier request by the disclosing Party, the receiving Party will promptly destroy or return to the disclosing Party its Confidential Information.

7. Notice:

With the exceptions of bills, invoices, shipping papers, product or service notifications and reports, all communications will be deemed to have been provided when made in writing and delivered as follows:

PFL Tech, Inc.
Attn: Dave Hawkins or Erin Ortega
100 PFL Way
Livingston, MT 59047