Welcome to the website of Print of the Trade (the “Company” or “We” or “Us”). By accessing or using this website (the “Website”) you (the “User” or “Customer” or “You”) agree to be legally bound by the Terms of Service (the “Agreement”) contained herein. If You do not agree to these Terms, You are not permitted to use the Website nor any services provided by the Company, including but not limited to 3D printing services.

1. GENERAL
2. Modification

The Company reserves the right to modify this Agreement at any time. Users are bound by the Agreement in place at the time of submitting a design or otherwise creating an order with the Company.

2. Nature of Services

The Company provides 3D printing services for Customers based on designs, models, or files submitted by the Customer. The Company acts solely as an agent for the Customer (the Principal) for the purpose of facilitating the creation of physical objects based on submitted digital designs.

3. Website Access and Disclaimer

This Website is provided for informational purposes and facilitates the User’s ability to submit designs for processing. The Company does not guarantee uninterrupted Website access or error-free operation. Users access and use the Website at their sole risk. While efforts are made to ensure smooth operation of the Website, the Company does not guarantee that the Website is free from viruses, malware, or other harmful components. Users are responsible for implementing necessary system safeguards.

2. ORDERS AND CANCELLATIONS
   1. Order Process

1. All order requests must be submitted through the Company’s website or other designated ordering channel(s). 
2. Customers place an order request by submitting a design or otherwise expressing a clear intention to purchase product(s) from the Company.
3. After receipt of an order request, the Company shall, subject to section 2.2, provide the Customer with a Quote.
4. The Customer places an Order with the Company by accepting a valid Quote or otherwise expressing their intention to proceed with the Order.
5. The Company accepts an Order by providing the Customer with an Order Invoice or acknowledgement.
6. Quotes

The Company provides a Quote to a Customer based on the design submitted by the Customer. The Company reserves the right to correct any clerical, typographical or similar errors contained in a Quote. The Quote reflects the estimated cost based on information the Company has prior to providing a Quote. Any changes to a design or other specifications, technical or otherwise, will require an updated Quote. Quotes remain valid for 30 days, after which time the pricing may change without notice. 

3. Order Acceptance by Company

Orders are deemed accepted and shall be an enforceable contract of sale upon the Company issuing to the Customer an Order Invoice. The Company reserves the right to reject an Order and decline to provide an Order Invoice or acknowledgement for any reason whatsoever. 

4. Modifications and Cancellations

Customer requests for Order modifications must be submitted to the Company in writing and are subject to approval by the Company. 

Order cancellations by the Customer must be requested in writing and may be subject to a cancellation fee. A cancellation fee is defined as a % of the Order Price. The applicable cancellation fee is as follows:

1. Pre-production: 0% cancellation fee is applied to Orders that are cancelled before production has begun. 
2. In production: 50% cancellation fee is applied to Orders that are cancelled after production has begun but before production is completed.
3. Post-production: 100% cancellation fee is applied to Orders that are cancelled after production has been completed.
4. PAYMENT TERMS
   1. Advance Payment Required

All Orders require full payment in advance prior to the Company commencing the Order. Upon receipt and acknowledgement of the Customer’s Order, the Company shall provide an Invoice or Order acknowledgement detailing the amount to be paid by the Customer. Production shall begin only after Payment has been received and cleared.

2. Currency

All prices are quoted in Canadian dollars and exclude taxes, governmental fees, assessments, or duties unless expressly stated. The Company reserves the right to revise the price in the event of a modification request or other relevant changes to pricing (the “Revision”). In the event of a Revision, the Customer has the right to refuse the revised price. If the Customer refuses the Revision, the Order is cancelled, and a refund may be issued in accordance with section 2.4.

4. SHIPPING & DELIVERY
   1. Shipping Methods and Costs

The Company shall have sole discretion over the carrier used to ship completed Orders. Shipping costs are not included in Order pricing and will be charged separately. All risks of loss or other damage transfers to the User upon delivery to the shipping carrier. 

2. Delivery Timeframes

Delivery dates provided by the Company are estimates only and are in no way guaranteed. The Company shall not be liable for any delays in shipping or delivery. International shipments may be subject to customs clearance procedures that may affect delivery times.

5. DELAYS & FORCE MAJEURE
   1. Production Delays

The Company shall make reasonable efforts to meet the estimated product timeframe provided to the User, if any, but does not guarantee any completion dates. The User acknowledges that 3D printing process may encounter technical difficulties that could cause delays. The Company shall notify the User of any significant delays affecting their Order.

2. Force Majeure

Notwithstanding anything contained in this Agreement to the contrary, the Company shall not be liable for any failure or delay in performance due to “force majeure” (which is defined as an Act of God, and includes but is not limited to the elements of fire, flood, riot, insurrection, industrial dispute, pandemic, inevitable accident, war, terrorism, embargoes, legal restrictions or any other cause beyond the control of the party concerned), or other circumstances beyond the Company’s reasonable control. In the event of a force majeure, the Company shall notify the Customer and provide updated timeframes when possible.

6. PRODUCT QUALITY & RETURNS
   1. Product Specifications

3D printed products are subject to normal variations inherent in the 3D printing process. Minor deviations in texture, dimension, or colour, including differences as between the product viewed on a computer or similar screen and the actual product, shall be normal and acceptable variations (“Minor Variations”). Significant differences in colour, texture, or dimension which demonstrate a marked departure from the submitted design shall be considered a major variation (“Major Variations”) and may be grounds for a refund. The Company shall have sole discretion over refund amounts due to Major Variations. A refund request solely due to Minor Variation(s) will not be accepted. 

2. Inspections and Returns

Returns are accepted only in accordance with this section for products containing manufacturing defects. Customer-designed products are non-returnable unless the defect arose in the manufacturing process.

To be eligible for a return refund, Customers must inspect products upon receipt and notify the Company in writing of any alleged defects within 30 days of receipt. 

7. ROLE OF THE COMPANY AS AGENT
   1. Agent Principal Relationship

The Company acts on behalf of the Customer to perform 3D printing services. The Company acts exclusively as an Agent for and on behalf of the Customer, the Principal. The Company shall not be held liable for any issues that arise with respect to the Company’s 3D printing services. The Customer, as principal, shall be fully and solely liable for any intellectual property disputes, claims, or infringements that arise with respect to the Company’s 3D printing services. The Company shall not be a party to any such claims. 

2. No Verification Responsibility

The Company expressly disclaims all responsibility for verifying or confirming (i) the originality or ownership of designs, models, materials, or any other thing submitted by the User; and (ii) whether the aforementioned designs, models, materials, or any other thing submitted by the User is in compliance with applicable intellectual property laws.

3. Limitation of Actions

As the Company acts solely as agent on behalf of the User, liability for intellectual property rights infringements, disputes, claims, or any other issues regarding designs provided by the User must be directed solely toward the User. The Company shall not be a party to any such claims.

8. USER REPRESENTATIONS AND WARRANTIES
   1. Intellectual Property Compliance

The User represents and warrants that: 

1. They have the requisite authority and capacity to agree to be bound by these Terms.
2. They own, or have acquired, all rights, permissions, and licenses necessary to submit the designs, models, or materials to the Company for 3D printing without violating any intellectual property laws. 
3. The designs, models, or materials submitted do not infringe on any third-party intellectual property rights, including copyrights, trademarks, patents, or trade secrets.
4. Disclosure of Restrictions

The User further represents that any technological protection measures (“TPMs”), encryption, or proprietary restrictions associated with the submitted designs have been disclosed in writing to the Company. The User waives any claims related to circumvention of TPMs necessary for fulfilling the requested service, except where such restrictions are imposed by third-party license holders.

3. Accuracy of Representation

The User represents that, to the best of their knowledge and belief: 

1. The submitted designs, models, or materials are complete, accurate, and free from defects that could result in harm or liability. 
2. They are not aware of any claims, disputes, or prior instances challenging the ownership or licensing of the submitted designs.
3. INTELLECTUAL PROPERTY RIGHTS
   1. Non-Exclusive License

By submitting designs, models, or materials to the Company, the User grants the Company a non-exclusive, royalty-free, fully paid and transferable right to use, copy, distribute and display the data provided by the User to the extent necessary for the Company’s fulfilment of the User’s order request. 

2. User Ownership Retention

The User shall retain sole ownership of the copyright in designs, models, materials, or any other data submitted by the User to the Company.

3. Company Ownership Retention

The Company retains full ownership in all proprietary software, processes and procedures developed by the Company for the quoting, analysis, design, automation, and manufacturing of the Company’s Services. The Customer shall not remove any of the Company’s markings without the express written consent of the Company.

10. LIMITATION OF COMPANY LIABILITY
    1. Scope of Liability

The Company shall only be held liable for direct damages resulting from gross negligence in the performance of its services, up to and not exceeding the amount paid by the User for the specific service giving rise to the claim. Under no circumstances shall the Company be liable for: 

1. Indirect, consequential, punitive, or incidental damages, including loss of profit, data, or revenue;
2. Intellectual property infringement claims resulting from User-submitted designs;
3. Errors or inaccuracies in the final printed product stemming from design flaws or incompatibility with printing equipment; or
4. Any damages, injuries, or losses arising from the use, misuse, or application of the printed items by the User or any third party.
5. Liability Cap

The Company’s total liability is limited to the actual amount paid by the Customer for the related 3D printing services.

11. INDEMINIFICATION
    1. Indemnity Obligations

The User agrees to indemnify, defend, and hold harmless the Company, including its owners, directors, officers, employees, contractors, agents, successors, and assigns, from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable lawyers fees and court costs) that arise from the User’s use of the Company’s services. Without limiting the generality of the forgoing, this includes:

1. Any allegation of intellectual property infringement connected to the designs, models, or materials submitted by the User. 
2. Any adverse consequences of using, handling, or modifying the User’s submitted designs as part of the 3D printing services.
3. Breach of any of the warranties or representations set forth in Article 8.
4. Scope of Indemnity

The indemnification shall extend to all damages, losses, and costs, including: 

1. Claims arising from modifications, alterations, or adaptations made to the submitted designs during the 3D printing process, provided such modifications were authorized by the User. 
2. Actions brought against the Company due to third-party allegations of non-compliance with intellectual property laws in relation to designs provided by the User.
3. Any claims for damages, injuries, or losses arising from the use, misuse, or application of the printed items by the User or any third party.
4. TERMS OF SUBMISSIONS
   1. Acceptance of Terms

By placing an Order with the Company, the User agrees to be bound by these Terms of Service. Acceptance of this Agreement is confirmed via click-through agreement where the Customer must affirmatively select a checkbox agreeing to the Terms before completing their submission.

2. Proof of User Consent

The Company records Customer acceptance through timestamp validation, IP address tracking, and database logging to ensure compliance with Canadian electronic commerce laws.

3. Prohibited Submissions

The User shall not submit designs that: 

1. Violate any local, provincial, federal, international laws, regulations, or restrictions. 
2. Infringe on the intellectual property rights of third parties. 
3. Contain illegal, harmful, offensive, or unethical content, such as designs promoting violence or hate speech. 

In the event of submission violations, the Company reserves the right to terminate services, delete submitted files, and reject future interactions with the User.

13. WAIVERS AND DISCLAIMERS
    1. Waivers by the Company

A waiver of any right or remedy by the Company shall have no legal effect, unless the waiver is:

1. In writing;
2. Executed by a duly authorized Company representative; and
3. Specifies the circumstances in which it applies.
4. Disclaimer of Warranties

The Company provides its services “AS IS” and “AS AVAILABLE,” and expressly disclaims all warranties, whether express, implied, statutory, or arising out of usage or trade. Without limiting the generality of the foregoing, this includes: 

1. Warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights. 
2. Any warranties concerning uninterrupted operation or technical error-freeness of the Website or 3D printing services.
3. Suspension of Services

The Company reserves the right to suspend services at any time, for any duration, at the sole discretion of the Company. In the event of a suspension of services, affected parties will be duly notified by the Company or its authorized representative.

14. GENERAL PROVISIONS
    1. Amendments and Alterations

Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement will be binding upon the parties hereto unless reduced in writing and signed by the parties.

2. Governing Law

This Agreement is governed by the laws of the Province of Alberta, Canada, including any applicable federal laws. 

3. Legally Binding

The Terms of this Agreement are contractual and not a mere recital. This Agreement is legally binding upon and inures to the benefit of the User, their heirs, successors, and assigns

4. Non-Waiver

No waiver of any provision in this Agreement will constitute a waiver of any other provision (whether similar or not), nor will any waiver constitute a constituting waiver unless otherwise expressly agreed in writing. 

5. Severability

If any provision of this Agreement is found to be invalid or otherwise unenforceable, for any reason, the remaining provisions shall remain in full force and effect.

6. Entire Agreement

This Agreement, combined with any Terms or Conditions imposed under a particular contract of sale, contains the entire agreement between the User and the Company. 

7. Contact Information

Print of the Trade

177 Greenwood Drive 

Spruce Grove AB, T7X 1Z1

[email protected]