General Terms and Conditions

Last updated May 22, 2024

General

Please read these General Terms and Conditions (“VCS Terms”) carefully. These VCS Terms govern your access and use of vistaprintcorporate.com and other Internet sites on which these VCS Terms are posted, and its related software tools, web portals, web platforms, websites, mobile sites and applications (collectively, the “Site”), as well as the provision and sale of products and services by Vistaprint Corporate Solutions Incorporated and/or its affiliates and/or fulfillment providers, as applicable (“Vista Corporate,” “we,” “us,” or “our”), via the Site or via any other method referencing these terms, e.g., phone or email orders (other such methods, collectively, “Offline Methods”). By accessing or using the Site or any other Vista Corporate service, or ordering or purchasing any product or service via any Offline Method, you agree to be bound by these VCS Terms and to any additional guidelines, restrictions or rules that may be posted in connection with specific sections or services of the Site or included in any separate agreement related to any order placed through any Offline Method. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these VCS Terms. If your use of the Site or order through any Offline Method is on behalf of any business, organization or other entity of any kind, you represent and warrant that you are authorized to accept these VCS Terms on its behalf and to bind such business, organization or entity to these VCS Terms.

Every offer of a Vista Corporate product and/or service on the Site or any Offline Method, as well as every transaction, order and agreement that is concluded through the Site or any Offline Method, is governed by these VCS Terms and constitute a binding and legal agreement between you and Vista Corporate. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Vista Corporate has not specifically rejected them.

Vista Corporate reserves the right to make changes to the Site and to these VCS Terms at any time without prior notice. You should review these VCS Terms each time you access the Site or order through any Offline Method.

1.   Account

1.1 Before you can place an order online or use certain of the services or features offered by Vista Corporate on this Site, you will need a Vista account (“Account”). We provide a single sign-on functionality, which allows us to offer features such as the ability to use your log-in credentials across our signature services, including VistaPrint, 99designs by Vista and VistaCreate. Please read the Your Account section in our Vista Account Terms.

2.   Use of Site and its Content

2.1 Subject to these VCS Terms, you are granted permission to access and use the Site and its Content (as defined below) for the sole purpose of interacting with Vista Corporate and/or preparing, evaluating, and ordering products or services solely through Vista Corporate (such products and services are collectively referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Site or its Content is authorized or permitted. Obtaining Products from Vista Corporate does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Vista Corporate.

2.2 You agree to use the Site in a responsible manner that is in full compliance with these VCS Terms and all applicable laws and regulations, including export and import regulations. 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. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Vista Corporate reserves the right, in its sole discretion, to refuse to accept any content provided by you to Vista Corporate or to process any order at any time and for any reason. Vista Corporate also may, at any time and for any reason, temporarily or permanently change, suspend, discontinue, or terminate its service to and/or the accounts of customers at any time and for any reason, including, without limitation, in the event it is found to be using Vista Corporate to engage in undesirable activities or otherwise violating these VCS Terms, in each case as determined by Vista Corporate in its sole discretion. You agree that Vista Corporate shall have no liability of any kind to you or to any third party arising from such refusal or termination.

2.3 By placing an order on the Site or through any Offline Method, you unconditionally represent and warrant that you have all necessary permissions, rights and authority to place the order and you authorize Vista Corporate to produce the Products on your behalf.

2.4 Any customer who purchases Products through the Site or any Offline Method will be deemed to be Vista Corporate’s customer. All of Vista Corporate’s rules, policies and operating procedures concerning customer orders, customer data, customer service and Product sales will apply to such customers and their respective orders. Without limiting the foregoing, Vista Corporate will own and retain all customer data and order information and may, in its sole discretion, use such data and information in accordance with applicable law and its rules, policies and operating procedures.

2.5 You represent and warrant that at all times you have complied and shall comply with all applicable restrictions arising out of any and all relevant sanctions and export and trade controls legislation, regulations or orders of the United Nations, the European Union and its Member States, Norway, Switzerland, the United Kingdom, the United States of America, and any other country whose laws, regulations or orders apply to the parties involved or activities covered or contemplated by these VistaPrint Terms (collectively, the “Trade Laws”), and that you shall also refrain from performing any activity or omitting to perform an activity that will expose VistaPrint and its VistaPrint affiliates (including, without limitation, the legal entity or entities specifically identified in these VistaPrint Terms) to breaching Trade Laws or any enforcement action or restrictive measures under the same. You further represent and warrant that you are not: (a) designated or otherwise sanctioned under, nor, if you are carrying on a business activity, ultimately owned (as to 50% or more of its shares or voting rights) or controlled by, or acting on behalf of, any party designated or otherwise sanctioned under, Trade Laws; or (b) ordinarily resident, organized or located in, nor will transfer directly or indirectly any Products received under these VistaPrint Terms to: Cuba, Iran, North Korea, Syria, the Crimea region (including Sevastopol), the so-called Donetsk People’s Republic (DNR) or the so-called Luhansk People’s Republic (LNR).

3.   Intellectual Property Rights

3.1 The Site contains graphics, photographs, images, document layouts, artwork, text, illustrations, logos, photos, audio, video, fonts, music, blog posts, software tools, designs and design elements and other information (referred to herein as “Content”). The Site and all Content are the intellectual property of Vista Corporate or the intellectual property of parties from whom we have licensed such property. All rights in the Site and its Content are reserved worldwide.

3.2 It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish, or use any portion of the Content except as expressly allowed in these VCS Terms. Vista Corporate reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by you or Vista Corporate remain the property of Vista Corporate and its licensors. If you upload, email, link (directly or indirectly), provide or otherwise refer Vista Corporate to any text, fonts, images, designs, design elements or other content for incorporation into your Products and/or the Site, including without limitation any of your trade names, trade or service marks, trade dress, logos and other marketing materials furnished by you to Vista Corporate (collectively, “Customer Content”), you unconditionally represent and warrant that you have all appropriate and necessary right and authority to use such Customer Content and that Vista Corporate’s provision of such Products will not infringe any trademark, copyright or other right of any other party.

3.3 If you upload any font for use in displaying, rendering and/or producing Products on the Site, you unconditionally represent and warrant that you have all appropriate and necessary right and authority to use such font in such manner and that Vista Corporate’s displaying, rendering and/or production of such Products fully complies with any applicable font license and will not violate any other right of any third party.

3.4 You grant Vista Corporate the right to copy, modify, distribute, use, display, publish, disseminate to third parties, create derivative works of and vectorize any Customer Content for the purpose of fulfilling your order, marketing products or services to you, and/or exercising its rights and fulfilling its obligations hereunder. Moreover, you unconditionally represent and warrant that you have sufficient rights to grant such rights to the Customer Content.

3.5 Any designs and/or written copy (collectively, “Designs”) prepared by Vista Corporate for you may have similarities to Designs prepared by Vista Corporate for other parties. You are obtaining no right or claim of any kind to any individual Design (or any element thereof) provided by Vista Corporate, and Vista Corporate reserves the right to use or make available the same or similar Design or elements thereof for other parties in the present and future. Vista Corporate provides no warranty of any kind that any Design will not infringe, or be subject to a claim of infringing, any trademark or other intellectual property rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any Design is legally available for your use and does not infringe the rights of another party. Except for the Customer Content, all rights in any Design work product, including without limitation both final Designs and all interim and draft Designs, are retained by Vista Corporate.

4.   Transfer of Title

4.1 The customer agrees that the risk of loss and title for any tangible Product pass to you upon our delivery to the chosen carrier at the shipping dock  of the respective manufacturing facility. For any Product that is to be provided to you in an electronic format, you agree that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

5.   Indemnification

5.1 You agree to indemnify and hold harmless Vista Corporate and its affiliates and all parties from whom any of them has licensed portions of Content, and their respective directors, officers, agents and employees, from and 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 VCS Terms or any applicable laws; and (ii) any suit, claim, or demand arising from or relating to any Customer Content provided to Vista Corporate or otherwise incorporated into Products. Vista Corporate reserves the right to assume, at your expense, the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these suits, claims or demands.

6.   Disclaimer of Warranty / Returns

6.1 THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” 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. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND 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.
All Products that you order on the Site are customized for you, and therefore there are no returns allowed other than for manufacturing defects. This means that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. Vista Corporate does not proof documents created by its customers prior to processing.
If you do encounter a manufacturing defect upon receipt of any Product, please contact your Account Representative. You may be asked to provide additional details.

7.  Limitation of Liability

7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISTA CORPORATE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, 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 VISTA CORPORATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON OR VIA ANY OFFLINE METHOD, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM VISTA CORPORATE OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL VISTA CORPORATE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.

8.   Feedback

8.1 Any comments, suggestions, proposals or other feedback (collectively “Feedback”) provided to Vista Corporate in connection with the Site, including its Content or any Products shall be provided by the submitter and received by Vista Corporate on a non-confidential and non-proprietary basis. All such Feedback shall become the exclusive property of Vista Corporate. By submitting any Feedback to Vista Corporate, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the Feedback, including all copyrights and other intellectual property rights therein. You agree that Vista Corporate shall be free to use such Feedback on an unrestricted basis.

9.   Privacy

9.1 The Vista Privacy and Cookie Notice describes how we collect, use, disclose, store and protect the information that you submit to us during the use of the Site or when placing an order through the Site or any Offline Method. The Vista Privacy and Cookie Notice applies to every Site visit, every use of our services, every purchase of any Product, and every transaction and agreement that is concluded through the Site or through any Offline Method.

9.2 To the extent that Vista Corporate processes personal data on your behalf through your use of the Vista Corporate Products, the terms of the Data Processing Addendum shall apply.
By accepting these VCS Terms, you confirm to have read, understood, and agree to the Data Processing Addendum in full, which is hereby incorporated by reference, and is deemed an integral part of these VCS Terms. In the event of any conflict between these VCS Terms and the Data Processing Addendum, the Data Processing Addendum shall prevail.

10.   Notices

10.1 You agree that we may provide all legal communications and notices electronically to you by posting them on the Site or, at our election or in the case of any order via Offline Method, by sending an e-mail to the e-mail address you provided to us when you registered at the Site or ordered through such Offline Method. Vista Corporate´s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent, unless otherwise indicated in the notice.

11.   Miscellaneous

11.1 You must be at least 18 years old or otherwise have parent or guardian permission to use the Site or order via any Offline Method. By using the Site or ordering via any Offline Method, you represent and warrant that you are at least 18 years old or have that permission.
In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.

12.   Governing Law

12.1 All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of the Site or order via any Offline Method shall be governed by the laws of the Commonwealth of Massachusetts.

12.2 Any legal action or proceeding relating to or arising from your access to or use of the Site or order via any Offline Method shall be instituted in Boston, Massachusetts. You agree to submit to the jurisdiction of courts sitting in Boston, Massachusetts and agree that venue in these courts is proper in any such legal action or proceeding. You also agree not to assert in any legal action or proceeding involving Vista Corporate that a court sitting in Boston, Massachusetts is an inconvenient forum for such legal action or proceeding. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these VCS Terms.