Terms & Conditions

These Terms and Conditions ("Terms") are an agreement between you and Binca, LLC ("Binca," "we," "us," or "our"), 10680 NW 37th Terrace, Miami, FL 33178. They govern your use of BincaImaging.com (the "Site") and every quote, order, and purchase of printing, signage, fabrication, installation, and event production products and services from Binca (the "Services"), whether placed through the Site, by email, by phone, or in person.

By using the Site, requesting a quote, or placing an order, you accept these Terms. If you are acting for a company or organization, you confirm you have authority to bind it, and "you" includes that organization. If you do not agree, do not use the Site or order from us.

If you and Binca have signed a separate written agreement, purchase order terms accepted by Binca in writing, or a quote that states different terms, that document controls where it conflicts with these Terms. Our Privacy Policy at https://bincaimaging.com/privacy-policy is part of these Terms.

We may update these Terms at any time by posting a revised version with a new effective date. Changes apply to orders placed after the change.

1. Use of the Site

You may use the Site to learn about our Services, view examples of our work, and request quotes. You agree not to:

• Use the Site for any unlawful purpose or in a way that could harm Binca, the Site, or other users

• Copy, scrape, frame, or reproduce the Site or its content, other than viewing it for your own business or personal use

• Attempt to gain unauthorized access to any part of the Site or its systems

• Submit false, misleading, or malicious information through our forms

• Use the Site to send spam or to solicit our customers or partners

Our intellectual property. The Site and everything on it, including text, photographs of our work, logos, designs, graphics, and software, belongs to Binca or its licensors and is protected by copyright, trademark, and other laws. "Binca," "Binca Imaging," and our logos are our trademarks. Client names and logos shown on the Site belong to those clients and appear to identify work we have produced for them. Nothing on the Site grants you a license to use any of it without our written permission.

Third-party content and links. The Site may link to third-party sites and embed third-party content. We do not control and are not responsible for them.

Feedback. If you send us ideas, suggestions, or feedback about the Site or our Services, we may use them without any obligation to you.

Availability. We may change, suspend, or discontinue any part of the Site at any time and do not guarantee it will be available or error-free.

2. Quotes, orders, and proofs

Quotes. A quote request through the Site is not an order. Quotes are estimates based on the information you give us and are valid for [30 days] unless the quote says otherwise. Prices may change if the specifications, quantities, materials, artwork, site conditions, or deadline change, or if material costs change after the quote expires.

Orders. An order is placed when you accept a quote in writing (including by email), sign an estimate, issue a purchase order we accept, or pay a deposit. Binca may decline any order at its discretion.

Proofs and approval. For most jobs we will send you a digital proof. You are responsible for reviewing the proof carefully for spelling, layout, dimensions, colors as represented on screen, quantities, and materials. Production begins only after you approve the proof in writing (email approval is sufficient). Once approved, you are responsible for any errors in the approved proof, and corrections after approval will be charged as a new job or change order. If you ask us to proceed without a proof, you accept the job as produced from your files.

Changes. Changes requested after approval may delay delivery and will be billed at our then-current rates. We will tell you the cost and schedule impact before proceeding when practical.

Cancellation. You may cancel an order before production starts. If you cancel after production, materials ordering, or design work has started, you agree to pay for all work performed, materials purchased, and non-cancellable third-party costs, [plus a cancellation fee of X% of the order value]. Custom products cannot be returned once produced.

Design services. Design, layout, and prepress time we perform on your behalf is billable unless the quote includes it. Design files we create remain Binca's property until the invoice is paid in full.

3. Your artwork and content

You own or have rights to what you send us. By providing artwork, logos, photographs, text, designs, or other content ("Customer Content"), you represent and warrant that you own it or have all rights, licenses, and permissions needed for us to reproduce it, including any trademarks, copyrighted images, fonts, likenesses of people, and licensed characters or brands. We rely on that promise and do not independently verify rights.

License to Binca. You grant Binca a non-exclusive, royalty-free license to use, copy, modify, and reproduce Customer Content as needed to produce, deliver, and install your order, including through our production partners. Unless you tell us in writing before delivery that you do not agree, you also allow us to photograph the finished work and display it, along with your name or logo, in our portfolio, on the Site, in social media, and in other marketing.

File requirements. You are responsible for supplying print-ready files that meet our specifications (resolution, color mode, bleed, fonts outlined or embedded). Low-resolution or improperly prepared files may print with visible defects, and we are not responsible for output quality that results from the files you provide. We may charge for file preparation or correction.

Content we will not produce. We may refuse any job that we believe is unlawful, defamatory, obscene, hateful, infringing, or that we otherwise choose not to produce. We may also refuse to reproduce currency, government documents, or trademarks without proof of authorization.

Your files. We may keep your files to support reprints and future orders but are not obligated to store them, and we are not responsible for loss of your files. Keep your own copies.

4. Pricing and payment

Prices. Prices are in U.S. dollars and exclude sales tax, shipping, permits, and installation unless the quote says otherwise. You are responsible for applicable taxes unless you provide a valid resale or exemption certificate before invoicing.

Deposits. Unless you have an approved credit account, a deposit of [50%] is due before production starts, and the balance is due before delivery or installation. Rush jobs may require payment in full up front.

Credit accounts. For customers with approved credit, invoices are due [Net 30] from the invoice date. We may change or withdraw credit terms at any time.

Late payment. Past-due balances accrue interest at [1.5% per month] (or the maximum rate allowed by law, if lower) from the due date until paid. You agree to pay our reasonable costs of collection, including attorneys' fees. We may hold, suspend, or cancel work and withhold delivery on any order while your account is past due.

Payment methods. We accept the payment methods stated on your invoice. Payments returned or charged back for insufficient funds are subject to a fee and reinstatement of the full balance.

Title and liens. Title to products passes to you when the invoice is paid in full. Binca retains all rights available under Florida law, including lien rights on materials and installed work, until payment is complete.

5. Production, delivery, and installation

Color and materials. Color reproduction varies by printer, substrate, ink, lighting, and viewing conditions. Colors shown on your screen or in a proof will not match printed output exactly, and some variation between runs, panels, and materials is normal. We match to industry-standard tolerances and, where you supply Pantone or brand references, as closely as the chosen process allows. Exact color matches are not guaranteed unless we agree in writing to a press check or physical color proof at additional cost.

Quantities. Because of the nature of production, we may deliver up to [5%] over or under the ordered quantity on volume runs and invoice for the quantity delivered.

Turnaround. Production and delivery dates are estimates based on timely proof approval, payment, and receipt of correct files. Dates are not guaranteed unless stated as guaranteed in a written quote. Binca is not liable for delays caused by late approvals, file problems, weather, carrier delays, site access issues, venue or permit restrictions, material shortages, or other causes beyond our reasonable control.

Delivery and shipping. Risk of loss passes to you when we deliver the products to you, to your carrier, or to the delivery address you specify. Inspect shipments on arrival and note any damage with the carrier. Storage fees may apply to finished goods not picked up or accepted within [10 days] of completion.

Installation and site work. Where Binca installs, you are responsible for: (a) confirming that surfaces, walls, structures, and vehicles are sound and suitable for the specified application; (b) providing timely access, parking, lifts, power, and any required security clearance; (c) obtaining landlord, venue, or HOA approvals; and (d) permits, unless we agree in writing to obtain them. We are not responsible for pre-existing conditions, paint or surface failure beneath an applied graphic, damage from prior installations, or removal of existing materials unless included in the quote. Site conditions that differ from what was described when quoted may result in additional charges.

Vehicle wraps and applied graphics. Application to previously repaired, repainted, damaged, or non-OEM surfaces is at your risk. Removal of vinyl may reveal or cause paint damage on such surfaces, and we are not liable for it. Care instructions we provide must be followed to keep any warranty.

Subcontracting. We may use outside production partners, installers, and carriers to fulfill any part of your order. Binca remains responsible to you for the finished work under these Terms.

6. Warranty, claims, and reprints

Our warranty. Binca warrants that products will be produced in a workmanlike manner and will materially conform to the approved proof and specifications at the time of delivery. Where Binca performs installation, we warrant our installation workmanship for 30 days from completion. Materials, inks, laminates, and hardware carry only the warranty offered by their manufacturer, which we will pass through to you where permitted.

What is not covered. The warranty does not cover: errors in an approved proof or in files you supplied; normal wear, fading, or weathering; damage from improper use, cleaning, storage, handling, or removal; failure of the surface, wall, or vehicle to which a product is applied; damage caused by third parties, weather events, or vandalism; or products altered or installed by anyone other than Binca.

Claims. You must inspect products on delivery or completion and notify us in writing of any defect or shortage within [7 days]. Claims made after that period are waived. Keep the products available for our inspection; do not discard or alter them.

Remedy. If a product does not conform to the warranty, Binca will, at its option, reprint or repair the nonconforming product or refund the price paid for it. This is your sole and exclusive remedy for any defect. Custom products cannot be returned for a refund for reasons other than a covered defect.

Disclaimer. EXCEPT AS STATED IN THIS SECTION, BINCA PROVIDES THE SITE, PRODUCTS, AND SERVICES "AS IS" AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that any product will achieve a particular business result, comply with venue, municipal, or sign-code requirements you have not disclosed to us, or be suitable for a use we were not told about.

7. Limitation of liability and indemnification

Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, BINCA'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, AN ORDER, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID BINCA FOR THE ORDER GIVING RISE TO THE CLAIM. BINCA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST EVENT OPPORTUNITIES, RUSH REPLACEMENT COSTS FROM OTHER VENDORS, OR DAMAGE TO REPUTATION, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. These limits apply to all theories of liability, including contract, warranty, negligence, and strict liability, and they apply even if a remedy fails of its essential purpose.

Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

Deadlines and events. You acknowledge that event and installation deadlines are often fixed and that Binca's fees do not reflect the cost of an event or campaign that depends on the products. If you need Binca to assume liability for a missed deadline, that must be agreed in writing in the quote for that job at a price that reflects the risk.

Your indemnification of Binca. You agree to defend, indemnify, and hold harmless Binca, its owners, employees, agents, and production partners from any claim, loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising out of: (a) Customer Content, including any claim that it infringes or misappropriates a third party's intellectual property, publicity, or privacy rights, or is defamatory or unlawful; (b) your breach of these Terms; (c) your use of the products, including any use that violates a law, venue rule, or sign code; (d) site conditions or approvals you were responsible for under Section 5; or (e) your negligence or willful misconduct.

Binca's indemnification of you. Binca will defend and indemnify you from third-party claims that our own original design work (not Customer Content or your specifications) infringes a U.S. copyright or trademark, provided you notify us promptly and let us control the defense.

8. Communications

Privacy. Our collection and use of your information is described in our Privacy Policy at https://bincaimaging.com/privacy-policy.

Call recording. Calls to the phone numbers listed on the Site may be recorded for quality, training, and order accuracy. You will hear a notice at the start of a recorded call, and by continuing you consent to the recording.

Text messages. If you opt in to text messages from Binca, LLC (sent through our messaging provider, CallRail), you agree to receive recurring informational and marketing messages at the mobile number you provide. Consent is not a condition of purchase. Message frequency varies; most messages are sent in reply to a message or inquiry from you. Message and data rates may apply. Reply STOP to opt out at any time; reply HELP for help or email sales@bincaimaging.com. Carriers are not liable for delayed or undelivered messages. We will not share your mobile number or SMS consent with third parties for their own marketing.

Email. We may send you emails about your quotes and orders. Marketing emails include an unsubscribe link.

Electronic communications. You agree that we may communicate with you electronically and that electronic approvals, signatures, and records (including email proof approvals) satisfy any requirement that a communication be in writing.

9. Governing law and disputes

Governing law. These Terms and any order are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or an order that cannot be resolved informally will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules or, for claims by individual consumers, its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator in Miami-Dade County, Florida, in English, and the arbitrator's award may be entered as a judgment in any court with jurisdiction. The Federal Arbitration Act governs this provision.

Before arbitrating. Before starting arbitration, the party with the dispute must send the other a written notice describing the claim and the relief sought, and the parties will try in good faith to resolve it within 30 days.

Exceptions. Either party may bring an individual claim in small-claims court in Miami-Dade County if it qualifies, and Binca may seek collection of unpaid invoices or injunctive relief to protect its intellectual property in any court with jurisdiction.

Class action waiver. YOU AND BINCA AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims.

Jury waiver. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND BINCA EACH WAIVE THE RIGHT TO A JURY TRIAL.

Time to bring claims. Any claim against Binca must be brought within one year after the claim arises, or it is waived, to the extent permitted by law.

Attorneys' fees. In any action to enforce these Terms or collect amounts owed, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.

10. General

Force majeure. Binca is not liable for delay or failure to perform caused by events beyond its reasonable control, including weather, hurricanes, fire, labor disputes, supply shortages, carrier failures, utility outages, government orders, venue closures, or acts of God.

Entire agreement. These Terms, the Privacy Policy, and the applicable written quote or invoice are the entire agreement between you and Binca for an order. Terms printed on your purchase orders or other forms do not apply unless Binca accepts them in writing.

Severability and waiver. If any part of these Terms is found unenforceable, the rest remains in effect. Binca's failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms or an order without our written consent. Binca may assign them in connection with a sale of its business.

Survival. Sections 3, 4, 6, 7, 9, and 10 survive completion of an order or termination of these Terms.

Contact.

Binca, LLC 10680 NW 37th Terrace Miami, FL 33178 sales@bincaimaging.com