ProAdvantage Program Agreement
Last updated: April 6, 2023
By participating in the VistaPrint ProAdvantage Program (“ProAdvantage Program” or “VistaPrint ProAdvantage”), the company or entity that is submitting the request to be enrolled into the ProAdvantage Program (“you”, “your”, “member”) agrees to be bound by this VistaPrint ProAdvantage Program Agreement (“ProAdvantage Agreement”) that is entered into between you and Vistaprint Netherlands B.V. ("VistaPrint") as of the date your enrollment is accepted by VistaPrint (“Enrollment Date”). The ProAdvantage Agreement includes the specific ProAdvantage terms and conditions as set out below ("ProAdvantage Program Terms") and is further subject to the VistaPrint General Terms and Conditions ("Terms and Conditions") except to the limited extent that these Terms and Conditions are expressly modified below and the Vista´s Privacy and Cookie Policy, both available on VistaPrint´s website at www.vistaprint.ca.
1. VistaPrint ProAdvantage
By enrolling in VistaPrint ProAdvantage you will be eligible to purchase the custom printed products and related services available on VistaPrint´s regular website, available at www.vistaprint.com, or if you are a Premium member, through your individual customer homepage that shall display all ProAdvantage products available to you (“the ProAdvantage Site for Premium-members”), at the prices, shipping costs and with the benefits as available to members who participate in VistaPrint ProAdvantage at the time of their purchase. The orders you place on www.vistaprint.ca, as well as your use of the ProAdvantage Site for Premium-members when made available, shall furthermore be governed by VistaPrint´s Terms amd Conditions.
Information relating to your participation in VistaPrint ProAdvantage, including product, pricing, and shipping benefits is available in your account and if you have a Premium membership also on the ProAdvantage Site for Premium-members. All terms, eligible products and services, pricing, shipping costs and benefits associated with VistaPrint ProAdvantage are subject to change by VistaPrint without liability at any time without notice, or as otherwise set forth herein. It is your responsibility to verify VistaPrint ProAdvantage benefits then in effect when you use the ProAdvantage Site for Premium-members. Any VistaPrint products not listed on the pricing page of theProAdvantage Site for Premium-members are not eligible for purchase under VistaPrint ProAdvantage.
Payment for all items ordered through the ProAdvantage Site for Premium-members must be made in accordance with VistaPrint´s Terms amd Conditions.
VistaPrint does not set the retail/resale prices you charge your customers and disclaims all responsibility to such customers. You are solely responsible for collecting payments from your customers and may set retail/resale prices in your sole discretion.
Any sales, marketing, administrative or other expenses incurred by you in connection with your participation in the VistaPrint ProAdvantage are your sole responsibility and VistaPrint does not require that you proceed with any specific expenses or investment in that regard.
2. ProAdvantage Site for Premium-members, Operation and Orders
Vistaprint will operate and serve the ProAdvantage Site for Premium-members and will be responsible for the production and delivery of products ordered on the ProAdvantage Site for Premium-members. To obtain the benefits of ProAdvantage Program, your orders must be placed through the ProAdvantage Site for Premium-members. You are responsible for the final design of all your order and for providing VistaPrint with the correct delivery address.
VistaPrint reserves the right to make changes to the ProAdvantage Site for Premium-members at any time and without notice.
3. VistaPrint ProAdvantage Fees
Your participation in VistaPrint ProAdvantage will commence upon completion of the enrollment process and if you are required to pay a fee for all or any part of VistaPrint ProAdvantage for which you have chosen to subscribe, you hereby authorize VistaPrint to charge your valid and current credit or debit card in advance for all applicable fees incurred by you in connection with your participation in VistaPrint ProAdvantage. YOUR PARTICIPATION IN VISTAPRINT PROADVANTAGE WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS, UNLESS AND UNTIL YOUR PARTICIPATION IN THE VISTAPRINT PROADVANTAGE IS TERMINATED BY EITHER YOU OR VISTAPRINT. YOU AGREE TO PAY ALL RECURRING PROGRAM FEES WHEN DUE. YOU ALSO AGREE TO PAY ANY TAXES, INCLUDING SALES, USE, VALUE ADDED OR OTHER SIMILAR TAXES, RESULTING FROM YOUR USE OF VISTAPRINT PROADVANTAGE. IN THE EVENT THAT VISTAPRINT IS UNABLE TO COLLECT PAYMENT FROM YOU, YOUR PARTICIPATION IN VISTAPRINT PROADVANTAGE WILL AUTOMATICALLY BE TERMINATED.
4. Websites
If you enroll in VistaPrint ProAdvantage - Premium, you may be entitled to either a free or discounted VistaPrint website package as part of your participation in the VistaPrint ProAdvantage.
In the event that as of the Enrollment Date you already subscribe to a VistaPrint website package with a monthly subscription term, your website subscription term will be automatically converted to an annual subscription term concurrent with your VistaPrint ProAdvantage term and you shall pay no further monthly fees for such website subscription (beginning on your next website package billing date following the Enrollment Date).
In the event that as of the Enrollment Date you already subscribe to a VistaPrint Starter website, you will not be charged the annual subscription fee associated with your VistaPrint Starter website, provided that you remain enrolled in VistaPrint ProAdvantage.
In the event that as of the Enrollment Date you already subscribe to VistaPrint Standard or Professional website or you later elect to subscribe for a VistaPrint Standard or Professional website, you will be charged an annual subscription fee equal to the annual subscription fee for such website subscription discounted by the then current annual subscription fee for a Starter website, provided that you remain enrolled in the VistaPrint ProAdvantage.
In the event that your enrollment in VistaPrint ProAdvantage is terminated for any reason, the website fee benefit described in this section will cease to apply, and as of your next billing date you will be charged the then current annual fees applicable for your website subscription.
Any discounted website subscription fee available through the VistaPrint ProAdvantage may not be combined with any other discount available through VistaPrint. If you enroll in the Basic VistaPrint ProAdvantage, you will not be entitled to either a free or discounted VistaPrint website package as part of your participation in VistaPrint ProAdvantage.
5. Upgrades
You will be charged for any product, website or shipping upgrade options you select and which are not included as a benefit in the applicable VistaPrint ProAdvantage program. Where possible, VistaPrint will only charge you the difference between the benefit included in the applicable VistaPrint ProAdvantage program and the upgrade option you select.
6. Participation in VistaPrint ProAdvantage
VistaPrint reserves the right to terminate VistaPrint ProAdvantage at any time without notice. Further, VistaPrint reserves the right to terminate or limit your participation in VistaPrint ProAdvantage in its sole discretion. You may not transfer or assign your membership or these benefits.
7. Cancellation
You can cancel your participation by visiting the ProAdvantage Site for Premium-members or by calling the number listed on the ProAdvantage Site for Premium-members at any time.
8. Changes to the VistaPrint ProAdvantage Terms
VistaPrint reserves the right to make changes to these ProAdvantage Program Terms, the VistaPrint Terms and Conditions, and the Vista Privacy and Cookie Policy at any time and from time to time by posting revisions on the ProAdvantage Site for Premium-members and VistaPrint´s website at www.vistaprint.ca. If you do not agree to the changes implemented by VistaPrint, your sole and exclusive remedy is to cancel your participation in the ProAdvantage Program. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current ProAdvantage Program shall be subject to the ProAdvantage Program Terms.
VistaPrint reserves the right to change any applicable fees at any time and from time to time, provided, however, that VistaPrint will provide you with reasonable notice prior to making any fee changes to existing VistaPrint ProAdvantage fees. If you find any change to the pricing of VistaPrint ProAdvantage to be unacceptable for your continued participation in VistaPrint ProAdvantage, you are free to cancel your participation in VistaPrint ProAdvantage at any time and any credits issuable to you shall be calculated in accordance with the Cancellation provision set forth above.
9. Limitation of Liability
VistaPrint shall not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under VistaPrint ProAdvantage by reason of any event or circumstance outside of VistaPrint’s reasonable control, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
IN NO EVENT SHALL THE LIABILITY, WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF VISTAPRINT PROADVANTAGE, OR THE USE OR PERFORMANCE OF THE PROADVANTAGE SITE FOR PREMIUM-MEMBERS, THE RESALE OF THE SERVICES OR PRODUCTS THAT ARE ORDERED FROM THE PROADVANTAGE SITE FOR PREMIUM-MEMBERS OR THE FAILURE TO PROVIDE SERVICES OR PRODUCTS THAT ARE ORDERED, OF EITHER VISTAPRINT OR ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR EMPLOYEES, EXCEED, IN THE AGGREGATE, THE NET PURCHASE PRICE (EXCLUDING TAXES AND SHIPPING AND PROCESSING) OF THE SERVICES OR PRODUCTS ORDERED BY YOU THROUGH VISTAPRINT PROADVANTAGE. FURTHERMORE, IN NO EVENT SHALL EITHER VISTAPRINT OR ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO VISTAPRINT PROADVANTAGE, THE USE OR PERFORMANCE OF THE PROADVANTAGE SITE FOR PREMIUM-MEMBERS, THE RESALE OF THE SERVICES OR PRODUCTS THAT ARE ORDERED FROM THE PROADVANTAGE SITE FOR PREMIUM-MEMBERS OR THE FAILURE TO PROVIDE SERVICES OR PRODUCTS THAT ARE ORDERED FROM THE PROADVANTAGE SITE FOR PREMIUM-MEMBERS INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE.
10. Disclaimer of Warranty
VISTAPRINT PROADVANTAGE AND THE PROADVANTAGE SITE FOR PREMIUM-MEMBERS 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 VISTAPRINT PROADVANTAGE AND THE PROADVANTAGE SITE FOR PREMIUM-MEMBERS MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE PROADVANTAGE SITE FOR PREMIUM-MEMBERS. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
11. Indemnities
To the maximum extent permitted by applicable law, you agree to defend, hold harmless and indemnify VistaPrint and its affiliates, and each of their respective directors, officers, agents, licensors, and employees (each, an “Indemnified Party”) from and against any third-party claim arising from or in any way related to your participation in VistaPrint ProAdvantage, your use of the ProAdvantage Site for Premium-members, resale of the services or products ordered from VistaPrint ProAdvantage or your breach of any obligation herein, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and legal and professional fees, of every kind and nature. The Indemnified Party will give prompt written notice of any indemnified claim.
In addition to the indemnities set out above, you agree to hold VistaPrint harmless on an indemnity basis against all losses, damages (actual and/or consequential) of whatsoever kind and including costs or recovery on a full indemnity basis which VistaPrint may suffer or incur, whether directly or indirectly, as a result of your use of or participation in VistaPrint ProAdvantage.
12. Privacy
VistaPrint has set out in its Privacy and Cookie Policy how we collect, use, disclose, store and protect the information that you submit to us through your participation in VistaPrint ProAdvantage.
To the extent that Vistaprint processes personal data on your behalf through your participation in Vistaprint ProAdvantage, the terms of the Data Processing Addendum shall apply.
By accepting this ProAdvantage Agreement, 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 this ProAdvantage Agreement. In the event of any conflict between this ProAdvantage Agreement and the Data Processing Addendum, the Data Processing Addendum shall prevail.
13. Miscellaneous
Your participation in VistaPrint ProAdvantage shall not imply or create any employment agreement, partnership, joint venture or agency relationship between you and VistaPrint and you shall have no power to obligate or bind VistaPrint in any manner whatsoever.
This ProAdvantage Agreement, together with VistaPrint´s Terms and Conditions, constitute all of the terms and agreements relating to your participation in VistaPrint ProAdvantage. If any of these terms and conditions are declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other terms shall not be affected and shall remain in full force and effect.
Vistaprint Canada Corporation is a limited company organized under the laws of Ontario, Canada. 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 participation in VistaPrint ProAdvantage or access to or use of the ProAdvantage Site for Premium-members or any other VistaPrint site shall be governed by the laws of the Province of Ontario without giving effect to any choice of conflict of law provision, principle, or rule (whether of the Province of Ontario or any other jurisdiction). You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under the terms of this ProAdvantage Agreement.