Creative Services Terms of Service update on March 30, 2020
To define the workflow of our creative services and clarify your rights, we're issuing Creative Services Terms of Service that apply to Graphic Design, Video Production, and Ecommerce Photography Services.
Creative Services Terms of Service
- Description of the service workflow. Section 1.
We've established the general process of how Printful's Creative Services work, including details on requesting services and end file (design, photo, or video) revision, improvement, delivery, and storing.
- Information about payments and refunds. Section 2.
We've explained our refund policy for service requests where Printful has started the work or can't carry out the request. We've also defined the process to order and receive product samples for photography files containing your products.
- Explanation of intellectual property rights. Section 3.
We've deemed you to be the sole author of the file, thus enabling you to register the rights to end files in the US Copyright Office or elsewhere.
- The delivery of the end file. Section 4.
We've explained that you are subject to an additional 20% of the service cost in cases where you change the idea described in your service request or wish to change the design draft, add additional elements, etc. that you didn't communicate to Printful before starting the Service.
- Information about turnover times. Section 5.
We've indicated that if you haven't responded about necessary improvements within a three-month period from the date when Printful submits the design draft for your review, Printful then considers that you accept the design draft and delivers it as the end file.
We've also included some other sections, such as Indemnity, Law and jurisdiction, Modifications, and General (Sections 6, 7, 8, 9), that are in line with the provisions already laid out in Printful's Terms of Service.
Affiliate Terms of Service update on March 10, 2020
To ensure transparency and avoid confusion in our Affiliate Program, we're updating our Affiliate Terms of Service.
Affiliate Terms of Service
- Clarifications on the scope of eligible integrations. Section 5
As we are constantly adding new integrations with ecommerce platforms, we have amended this paragraph to synchronize it with our list of integrations. This way, it is easier for affiliates to keep up to date with all the changes in the available integrations.
- No options for real-time sales tracking. Sections 5 and 6
The Affiliate Dashboard tracks affiliate commissions that have been credited to an affiliate. To bring more clarity, we have removed reference to real-time tracking since affiliate commissions will be credited only once all items of a customer’s order are fully shipped.
- Clarifications on paid traffic. Section 8.
Some affiliates wish to engage in pay-per click-activities, so we have updated the paragraph to be more specific about rules regarding such activities (e.g. emphasizing prohibition of direct linking, bidding on branded keywords, and sending incentives traffic from coupon sites).
- Privacy Shield (EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework). Section 8.
We have included a section to inform you that Printful participates in and has certified with the Privacy Shield.
We have also explained in detail Printful rights for the processing of your personal information (including data transfer) from the EU, UK, or Switzerland to the United States, and our responsibilities to be in compliance with the Privacy Shield principles.
- More detailed explanation of mandatory and performance cookies and their purpose.
- We have clarified the lifespan of each cookie category to inform website visitors on how long the cookies may be stored in their devices.
Warehousing & Fulfillment Terms of Service update on November 22, 2019
To improve our services and ensure transparency in our processes, we're updating our Warehousing & Fulfillment Terms of Service.
Terms of Service: Warehousing & Fulfillment
- Added an explanation of the period during which you store your warehousing goods. Section 3.
We explained that as long as you follow timely payments you may continue to use our warehousing services to store your goods.
- Added a new section with details on the Warehouse Receipt. Section 4.
We updated the information included in the invoice you receive upon your warehousing product delivery and named this document Warehouse Receipt. From now on you'll have to present this document to us should you ever wish to retrieve your warehoused goods from our warehouse.
- Explained your responsibilities and limits in more detail. Section 5.
We explained in greater detail our liability limits to the goods you warehouse with us should they be damaged or lost. Our liability for such goods is limited to the amount stated in the Warehouse Receipt.
- More detailed information on the removal of warehoused goods in case of non-payments. Section 6 (previously, 5).
We explained in more detail the process of your product removal in situations where you haven't made a payment for the warehousing service. Should you ever be in a situation like this, remember that we'll have the right to dispose of and/or donate your products to charity and by using our warehousing service you waive your right to collect royalties or fees regarding your products.
- Added a new section with details on the warehousing service termination. Section 8.
We included an in-depth explanation on our rights to terminate our obligations to store your products at any time with or without a cause, especially in cases where you violated these terms. We also added details on your obligation to provide payment of any outstanding charges owed to Printful and removing products from our warehousing facilities within a period stated in our notice (see related information in Section 10).
- Added a new section with details on our lien against your products. Section 9.
We'll have a lien on your warehoused products as security. Should there be a case where you owe us payments for warehousing services, we'll have the right to sell the products stored in our warehousing in enforcement of our lien.
- Added a new section with clauses on warehoused product abandonment. Section 10.
Our terms are updated with your obligation to remove (retrieve or request disposal of) your warehoused products in case where we terminate the warehousing services upon contacting you with a written notice. In cases where you decide not to take any action, we'll send out a second notice and should you ignore that as well, all your stored products will be deemed abandoned and all their rights transferred to us. We won't have an obligation to sell your products but if we do, we'll have the right to retain all sale proceeds.
- Details on court location, should any dispute or claim arise. Section 12.
We hope this never happens, but in case of any dispute between you and Printful, it will be resolved by a court located in the State of North Carolina, USA.
Policy update on November 20, 2019
Terms of Service: General
- Improved procedure of reporting intellectual property infringement. Section 3 (E).
We respect and highly value the creative freedom of you and others. We've made the procedure of reporting intellectual property infringement easier to understand and provided details on what information you need to submit.
- In-depth explanation of the limits of our liability and warranty. Sections 5 (D-E), 6 and 7.
We've explained in greater detail what we can and cannot guarantee you regarding our Products and Services—our limits of liability and warranty. Please note that in most cases our liability is limited to either replacing the damaged or defective Product or refunding you.
- Details on currencies and payments. Section 9.
Our Terms now reflect the possibility of choosing a preferred currency on our website and how it affects fees and payments. We've also added additional information on how we handle payments and fees in general.
- Details on dispute resolution. Sections 17 and 18.
We hope this never happens, but in case of any dispute between you and Printful, it will be subject to arbitration administered by the American Arbitration Association applying the laws of the State of North Carolina. The only exception to this are users residing in the European Economic Area and Switzerland who, in addition to being subject to the law of the Republic of Latvia, may also rely on mandatory provisions of the law of the country in which they reside.
Terms of Service: Data processing terms
- Details on the type of data we process. Section 3.
We've updated the information on the types of personal data we process as a data processor to give a better understanding of what personal data we may receive while providing our services.
- List of sub-processors. Section 7.
We've added the possibility for our customers to request the list of sub-processors we have engaged and follow any future changes in this list.
- Obligations as Controller and Processor. Sections 4, 5 and 6.
To clarify our mutual obligations and duties in relation to personal data processing, we have made the documentation easier to understand, and added more specific duties for both our customers and Printful.
- Clauses on the international transfer of personal data. Section 7 and Schedule 1.
To address the consequences of Brexit and other cases of international data transfer, we have incorporated standard contractual clauses for data transfers between EU and non-EU countries. For this purpose we have also added a description of our internal technical and organisational security measures.
- More detailed explanation of personal data processing. Section 1.
- California Privacy Rights (for residents of the State of California). Section 7.
We have included a section to explain in detail the rights of the residents of the State of California under the California Consumer Privacy Act.
If you have any questions about our Terms of Service and Policies, feel free to reach out to email@example.com.