OPTIMALPRINT AS TERMS & CONDITIONS

INCLUDING ONLINE TERMS OF CONDITIONS

This site is owned and operated by: OPTIMALPRINT AS

("Optimalprint" "we" or "us" or "our"),

The following chapters are included in the TERMS & CONDITIONS

• Introduction
• Terms & Conditions
• Standard for Electronic Transactions
• Product Specification
• Privacy Policy
• Cancellations
• Rights for Limited Use
• Changes of Service
• Payment
• Order & Shipment
• Indemnification
• Disclaimer
• Limitation of Liability
• Policy Modifications
• Governing Law

INTRODUCTION

Description of Services

Optimalprint offers graphic design templates and printing for the corporate and private consumer market. Other services include being able to store printed material from previous orders, images, pictures and logos under "My Account" on the Optimalprint's websites.

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TERMS & CONDITIONS

By accessing Optimalprint's World Wide Web pages you agree to the following terms. If you do not agree to the following terms, please notice that you are not allowed to use the site.

These TERMS AND CONDITIONS govern your access and use of our services. By accessing or using the functions of www.optimalprint.com or any of Optimalprint's other websites ("Site") you agree to be bound by these TERMS AND CONDITIONS and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these TERMS AND CONDITIONS. The contract made by you online with us incorporates these TERMS AND CONDITIONS, which shall prevail over any and all terms and conditions, proposed by you.

Optimalprint reserves the full right to make modifications or changes to our sites, services, customers template/-s that are stored on the web site and previously ordered, and to these TERMS AND CONDITIONS at any time without prior notice. Any legal entity or private person that accesses this site should review these TERMS AND CONDITIONS each time of access to this Site.

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STANDARD FOR ELECTRONIC TRANSACTIONS

Optimalprint is governed by and obligated to comply with the Norwegian Act on Electronic Commerce, 23.05.2003 no. 35.

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PRODUCT SPECIFICATION

We have a policy of continuous product development and reserve the right to amend the specifications of any goods or products without prior notice in relation to future sales.

Products supplied may differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.

We endeavour to display and describe as accurately as possible the printed colours of our products that appear on the website. However we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product delivered.

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PRIVACY POLICY

Optimalprint knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. By visiting our Site and any of the sites offered by Optimalprint, you are accepting the practices described in this Privacy Policy. For question on the Privacy Policy please contact privacypolicy@optimalprint.com.

Children:

Optimalprint does not sell services for purchase by children. If you are under 18, you may use our services only with involvement of a parent or guardian.

Information You Give Us

We receive and store any information or content that you enter on our Web site or give us in any other way. We use the information that you provide for such purposes as facilitating when you reorder print material, responding to your requests, providing our services (e.g., storage of picture, images and logos), and in other ways in communicating with you.

Automatic Information

We receive and store certain types of information whenever you interact with us. For example, like many Websites, we use "cookies," and we obtain certain types of information when your Web browser accesses our Sites. Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; the full Uniform Resource Locators (URL) click stream to, through, and from our Website, including date and time. We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use.

Security of Your Personal Information

Optimalprint is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always choose to log out before leaving a site or service to protect access to your information from subsequent users.

While there are always risks associated with providing personal data, whether in person, by phone or via the internet or other technologies, and no system of technology is completely safe or "tamper"/"hacker" proof, Optimalprint has endeavoured to take reasonable precautions which are appropriate to the nature of the information to prevent and minimize such risks in connection with your use of this site.

Eligibility and Account Administration

Optimalprint's policy is to request that "Minors" (the age of Minors is determined by local law where you reside) do not make purchases or engage in other legal acts on the Site without the consent of a parent or legal guardian, unless permitted by applicable local law. You must be 18 years or older to create a user account on Optimalprint. By signing up for a user account you represent and warrant that you are 18 years or older and that you in addition have the right, authority and capacity to understand, agree and comply with these conditions and the Terms of Use.

When registering you must provide accurate, complete and true registration information. If you have been provided with a default password for registration we advise you to change it immediately for security purposes. Upon initial registration you will be asked to create a username and password, you will be responsible for keeping these confidential, and for all activities relating to your chosen username.

Image Gallery

Pictures, images or logos uploaded to your image gallery will be protected from any external access. To access them, you will need to enter your username and password.

Personal Information Shared

We share information but only as described below. Otherwise we will not provide your personal information without your consent.

Business Transfer

As we continue to develop our business, we might sell or buy businesses or their assets. In such transactions, customer information generally is one of the transferred business assets. Also, if Optimalprint or all or substantially all of its assets were ever to be acquired, customer information will, of course, be one of the transferred assets.

Advertisers

We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

Agents

We engage other companies and individuals to perform functions on our behalf. Examples include processing credit card payments, providing marketing assistance, providing customer services, sending postal mail and email to you, removing repetitive information from customer lists, and analyzing data. These persons have access to personal information needed to perform their functions. These companies do not retain, share, store or use personally identifiable information that you provide to Optimalprint for any secondary purposes.

Compliance

We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our agreements; or protect the rights, property, or safety of Optimalprint, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Cookies

A cookie is a small text file, alphanumeric identifiers, that is placed on your hard disk by a Web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer.

Optimalprint Web sites use "cookies" to enable you to sign in to our services, help personalize your online experience and control the flow of the ordering processes by maintaining the state of your online transactions. By showing how and when our visitors use Optimalprint's Site, the use of cookies allows Optimalprint to continue to improve the sites. This site also makes use of cookies for website traffic analysis and anonymous demographic profiling.

If you do not wish to receive cookies, or want to be notified of when they are placed, you may set your web browser to do so, if your browser so permits. Please understand that if cookies are turned off, you may not be able to view certain parts of this site that may enhance your visit.

Some of our business partners whose content is linked to or from this site may also use cookies. However, we have no access to or control over these cookies.

Spam

This Site should not be used to send or use e-cards, e-mails, SMS or any other electronic documents in any manner that would constitute the transmission of Spam, SMS or unsolicited e-mails. Automating the creation and/or transmission of e-cards, e-mails or any other electronic documents by the use of scripting or any programs is strictly prohibited. The number of e-cards, SMS, e-mails or any other electronic documents that you can send can at any point, be limited by Optimalprint. Likewise, Optimalprint reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send e-cards, SMSs, e-mails or any other electronic documents.

You agree that you are responsible for protecting your password and controlling access to your registered account and that you will be responsible for all orders placed or other actions that are taken through your registered account.

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CANCELLATIONS, TRANSFER AND CHANGES

We will cancel, transfer or otherwise make changes to your orders under the following circumstances:

a. subject to the provisions of paragraph RIGHTS FOR LIMITED USE;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action;
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under these TERMS AND CONDITIONS or a later version of these TERMS AND CONDITIONS.
d. Optimalprint can without notice cancel any orders that are in any form violating these TERMS AND CONDITIONS.

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RIGHTS FOR LIMITED USE

The Site This Site and all its Content - constituted by fonts, software tools, text, images, graphics, photographs, document layouts, artwork and other information on the Site - are the copyrighted property of Optimalprint, and/or its subsidiaries (referred to herein as "Optimalprint") or the copyrighted property of parties from whom Optimalprint has licensed such property. All rights in this Site and its Content are reserved worldwide and it is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these TERMS AND CONDITIONS.

Content on this Site and Your Associated Rights

Optimalprint can at any time without prior notice add to, delete from, or modify any part of the Content. All design elements created using the design tool of the Site can be made available for use by other parties in the future. You do not obtain any right or claim to any of the design elements through your creation of a template and/or your incorporation of a design element into one or more products. Other Optimalprint customers may use the design tools to create designs (e.g. logos) that have similar or identical combinations of these elements and Optimalprint does not guarantee that your design will not have similarities to designs designed and used by other parties. Optimalprint provides no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the design is legally available for your use and does not infringe the rights of another party.

You may use this Site and its Content for the sole purpose of creating, designing, and ordering products or services (referred to herein as "Products") solely through Optimalprint. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Apart from the finished Products as they are supplied by Optimalprint, you are not entitled to use any portion of the Content from Optimalprint.

External links on the Optimalprint site are provided for your convenience. Optimalprint does not endorse, verify, or attest to the accuracy of the content of the web sites that are linked and accepts no responsibility for their use or content.

Conducts of Use

You agree to use this Site in a responsible manner that is in full compliance with these TERMS AND CONDITIONS and with your local laws and regulations, including export and import regulations. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.

Optimalprint may terminate its service to customers found to be using Optimalprint to engage in undesirable activities. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products.

By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Optimalprint to produce the Products on your behalf.

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CHANGES TO SERVICE

We reserve the right to change the conditions of these terms of service. Should we modify these terms in any way the updated version will appear within the TERMS AND CONDITIONS of the Site.

We reserve the right to terminate any account at any time. We reserve the right to amend the Optimalprint service at any time providing such changes do not adversely alter the nature and quality of the service.

You agree that Optimalprint may without prior consent delete your account and any related materials including personal information, data, text, files, images and all other materials and that Optimalprint may prevent any further access by you to any such data. In particular, it is our absolute policy to reject any materials, which we, at our discretion, consider to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).

You agree that Optimalprint shall not be liable for any loss or damages to you or any third party resulting from the deletion of such information or resulting in any way from the termination of your account and that you will keep Optimalprint fully and effectively indemnified against all losses, liabilities, damages and costs (including legal costs on a full indemnity basis) suffered by them as a result of the printing in good faith of any material submitted by you.

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PAYMENT

You must pay by credit charge, paypal account, or debit card at the time of order. Payment will be taken in full at the time of the order.

The price of any product is the price in force at the date and time of your order.

You undertake that all details you provide to us for the purpose of purchasing products which may be offered by us on our website will be correct; that the credit charge, paypal account or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products. We reserve the right to obtain validation of your credit charge, paypal account or debit card details before accepting your order.

The contract shall not have been concluded until we have received your valid credit card charge, paypal charge, or debit card payment details.

We are entitled to refuse any order placed by you.

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ORDER AND SHIPMENT

Time for Production We will endeavour to process your order and manufacture your cards within five (5) business days.

Shipment

Upon completion of the printing, all sets of cards will be sent by regular post unless otherwise stated. We will deliver your order within eight (8) business days, depending on your shipping address.

Time of delivery is not of the essence in these terms and conditions. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

We cannot guarantee that products ordered will be shipped jointly. We guarantee that we will do everything we can, within reasonable cost, in order to always minimize your cost for delivery.

Ownership

You agree that the ownership for all printed Products, and the risk of loss and title for such items, are transferred to you upon our delivery to the distribution partner.

You agree that delivery of any Product that is to be provided to the customer in an electronic format, shall be deemed to have occurred either (i) at the time we transmit the Product via email or other electronic communication addressed to the customer or (ii) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Quantity

You agree that there is a possibility of a difference of up to 5% between the ordered and the shipped quantity within a product and that you will not claim any compensation for this difference. Likewise, Optimalprint or you do not have the right to claim anything for any difference when the shipped quantity is greater than 95% of the ordered quantity.

Return Policy

Once you have placed an order it cannot be changed.

If we deliver incorrect or damaged goods, or in the event that you discover any defect in the goods for which you require compensation or other remedy, you must report the defect within 14 days of the date you receive them, or as soon as possible thereafter by contacting us here. Please retain the original packaging in the condition it was provided. Please note that we cannot accept returns that are delivered to us by hand.

In the event of Optimalprint sending you a replacement for a damaged, defective or wrong item, you must return the item to Optimalprint within 30 days. Optimalprint reserves the right to charge the price of the replacement item to the payment card used for the original order if you do not return the original item to us within 30 days of the date on which Optimalprint confirms we will issue a replacement.

If you return an item/s to us using a pre-paid, personalised return label and the reason for the return is not because of an error on our part or because the item is defective, we will deduct the cost of return postage from your refund.

Refund

Since Optimalprint products are all digital files and there are no means of any actual goods being returned to Optimalprint with the guarantee that the delivered files have been destroyed, therefore all sales are considered to be final and non-refundable once you have ordered. In the order process you will be displayed the opportunity of previewing the files to be printed without additional cost.

To calculate the total amount that will be deducted from your refund, add the "per item" rate for each item you return to the highest "per package" rate applicable to the items in each package you send. If you return items in different packages, you will be charged a separate "per package" rate for each package.

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INDEMNIFICATION

You agree that you shall indemnify and defend Optimalprint and all parties from whom Optimalprint has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these TERMS AND CONDITIONS or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

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DISCLAIMER

The site and its content are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free.

References and links to products or services of independent companies may appear on the site. These references and links are provided "as is" without warranty of any kind, either expressed or implied.

Optimalprint may change the TERMS AND CONDITIONS, conditions and operation of the Site at anytime. By using this service the user agrees to the terms of this disclaimer and further waives any rights or claims it may have against Optimalprint.

Without limiting the foregoing, Optimalprint shall not be liable to you or your business for any incidental, consequential, special damage or loss or imputed profits or royalties arising from the use of the Site or any goods or services provided, whether for breach or warranty or any obligation arising there from, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy.

You acknowledge that third party product and service providers may advertise their products and services on the Site and that Optimalprint may from time to time form partnerships or alliances with some of these vendors or new vendors/partners in order to facilitate the provision of these products and services to you. However you acknowledge and agree that at no time is Optimalprint making any representation or warranty regarding any third party's product or services, nor will Optimalprint be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against Optimalprint with respect to third party products and services to the maximum extent permitted by law.

The content available through the Site is the sole property of Optimalprint or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Content owned by Optimalprint advertisers, suppliers or licensors could be subject to additional restrictions.

We and our advertisers, suppliers and licensors provide the Site and all our services "as is" and without any warranty or condition, express or implied. We and our advertisers, suppliers and licensors specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and warranty of non-infringement.

All disputes between you and any party other than us regarding the images, pictures, text, logos, design and all other content used to produce printed material via Optimalprint shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available. We will not participate in any way in any dispute between you and any party other than us regarding the quality and quantity of your order placed at Optimalprint. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.

Site Feedback

Any comments, suggestions, proposals or other feedback provided to Optimalprint in connection with the operation or content of this Site shall be provided by the submitter and received by Optimalprint on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Optimalprint. By submitting any such information to Optimalprint, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Optimalprint shall be free to use such information on an unrestricted basis.

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LIMITATION OF LIABILITY

You agree that we will not be liable for any (1) suspension or loss of the service(s); (2) use of the service(s); (3) interruption of our services or interruption of your business; (4) access delays or access interruptions to our web site(s) or service(s) or delays or access interruptions you experience in relation to printing service(s) with us; (5) loss or liabilities resulting from acts of or events beyond our control; (6) data non-delivery, mis-delivery, corruption, destruction or other modifications; (7) the processing of an application for a printing service; (8) damages or consequences arising from or related to your inappropriate or unauthorized use of this site or its content; or (9) application of the dispute policy.

Optimalprint or its licensors, suppliers, or vendors, their officers, directors, employees, or agents SHALL NOT be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not Optimalprint has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services that you order from Optimalprint or its affiliates, including without limitation, damages arising from error, omission, virus, delay, or interruption of service.

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POLICY MODIFICATIONS

We reserve the right to modify the Site and our TERMS AND CONDITIONS at any time. We will post our revised TERMS AND CONDITIONS at www.optimalprint.com, or any other site related to our operation and directly affected by such changes in policy, at least thirty (30) calendar days before it becomes effective. In the event that you object to a change in these TERMS AND CONDITIONS, your sole remedy is to cancel your registration with us, provided that you will not be entitled to a refund of any fees you have paid to us. The revised TERMS AND CONDITIONS will apply to you until you cancel your registration with us.

If you choose to visit the Site, your visit and any dispute over privacy is subject to our TERMS AND CONDITIONS, including limitations on damages, arbitration of disputes, and application of Norwegian law. If you have any concerns about privacy at Optimalprint.com ltd, please send us a thorough description to privacypolicy@optimalprint.com, and we will try to resolve it as quickly as possible. Our business changes constantly and so will our Terms and Conditions, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We strongly encourage checking the Site frequently to see recent changes.

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GOVERNING LAW

Optimalprint's headquarter is in Oslo, Norway and all transactions take place on Optimalprint servers located in Europe or any other countries where Optimalprint deem necessary to place a server. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of Norway. All other matters relating to your access to or use of this Site shall be governed by the laws of Norway. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Oslo, Norway. You agree to submit to the jurisdiction of the Courts of Oslo, Norway and agree that venue in these courts is proper in any such legal action or proceeding, to the degree this is not otherwise regulated in mandatory consumer protection laws

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