CLICKYALL, INC., dba BigOx Printing

Effective Date: 08/01/2025
Last Updated: 08/01/2025

PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY. BY ACCESSING OR USING WWW.BIGOXPRINTING.COM (THE "WEBSITE") OR UTILIZING ANY FULFILLMENT SERVICES (COLLECTIVELY, THE "SERVICES") YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE WEBSITE OR SERVICES.

1. OVERVIEW

The Website is owned and operated by Clickyall, Inc., dba BigOX Printing ("BigOX," "we," "us," or "our"), a Texas corporation. Throughout these Terms, "you," "your," "Client," "customer," and "user" refer to the business or individual accessing the Services. These Terms incorporate by reference our Privacy Policy, Copyright Policy, Remake & Refunds Policy, and any additional policies or guidelines posted on the Website.

BigOX provides premium white-label print fulfillment services to independent creators, artists, and businesses. We serve as your fulfillment partner, not a marketplace or direct-to-consumer retailer.

2. SERVICE DESCRIPTION

BigOX provides the following fulfillment services:

2.1 Premium Print Production - Fine art giclée prints, canvas prints, and digital art printing using professional-grade Canon ImageProGraf, Epson SureColor, and HP latex printing equipment

2.2 Quality Control - Multi-point inspection, color accuracy verification, and satisfaction guarantees

2.3 Order Processing - Receipt, processing, and fulfillment of orders submitted through your sales channels

2.4 Packaging & Shipping - Professional packaging and direct shipping to your end customers

2.5 Customer Communication - Direct communication with your end customers regarding order status and delivery (when requested)

3. CUSTOMER ELIGIBILITY & ACCOUNTS

3.1 You must be at least the age of majority in your place of residence to use the Services, or have consent from a parent or guardian who agrees to be bound by these Terms on your behalf.

3.2 Direct-to-consumer orders are accepted from any eligible customer at published retail rates. Wholesale clients must operate a legitimate business selling printed products and agree to use our Services only for lawful commercial purposes.

3.3 You agree to provide accurate, current, and complete information and to keep such information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.4 BigOX reserves the right to refuse service to any potential client at our sole discretion.

4. FULFILLMENT SERVICES & PROCESSING

4.1 Service Tiers - BigOX offers multiple service levels with varying processing times, quality standards, and pricing. Specific tier details and current processing times are available on our Website or upon request.

4.2 Order Submission - Orders may be submitted through approved methods including the website, file transfer services, email, or other systems as agreed upon in writing. For orders not placed through the website, BigOx will invoice you for payment in advance before order processing begins.

4.3 Order Acceptance - BigOX reserves the right to refuse or cancel any order, limit quantities, or impose conditions on services. In such cases, we will provide prompt notification and refund any amounts paid for canceled orders.

4.4 Custom Production - All products are custom-made at the time of order placement. Production begins only after receipt of payment and acceptable print files.

5. PRICING & PAYMENT TERMS

5.1 Service Fees - Pricing is based on your selected service tier and is subject to change with 30 days' written notice to active clients.

5.2 Payment Terms - Payment is due upon order placement unless alternative terms have been agreed upon in writing. We only accept major credit cards as payment.

5.3 Taxes - You are responsible for all applicable taxes related to your use of our Services.

5.4 Late Payments - Past due accounts may result in service suspension and may incur late fees as permitted by law.

6. PRODUCTION & DELIVERY STANDARDS

6.1 Processing Times - Standard processing times are 3-5 business days for most orders. Premium service tiers offer expedited 1-3 day processing. Processing times may be extended during peak periods, and prominent notices will appear on the Website when applicable.

6.2 Quality Standards - BigOX maintains professional quality control processes including color accuracy verification, print defect inspection, and proper packaging standards.

6.3 Shipping - Products are shipped directly to your end customers using reliable carriers. Title and risk of loss pass to the carrier upon shipment.

6.4 Delays - BigOX is not liable for delays caused by carriers, material shortages, equipment failures, or events beyond our reasonable control.

6.5 Delivery Notifications - Tracking information is provided for all shipments. Direct customer communication regarding delivery status is available upon request.

7. SERVICE LEVEL AGREEMENTS

7.1 Quality Guarantee - BigOX guarantees professional print quality meeting industry standards for the selected service tier. Defective products will be reprinted at no charge. For our complete policy, see the Remakes & Returns Policy.

7.2 Damage Claims - Products damaged during shipping will be replaced at no charge upon receipt of damage documentation and photos.

7.3 Service Credits - In cases where BigOX fails to meet stated processing times due to our error, service credits may be issued to your account.

7.4 Communication Standards - BigOX commits to responding to client inquiries within one business day during normal business hours.

8. USER REPRESENTATIONS & WARRANTIES

By using BigOX services, you represent and warrant that:

8.1 All payment information supplied is true, correct, and complete;

8.2 You have legal authority to use the chosen payment method;

8.3 You have legal capacity to enter into this agreement;

8.4 Any images, artwork, or files you submit comply with our Copyright Policy (incorporated herein by reference);

8.5 You will comply with all applicable laws and regulations in connection with your use of our Services;

8.6 You will not use our Services for any unlawful, harmful, or prohibited purposes.

9. COPYRIGHT POLICY

This section incorporates by reference our separate Copyright Policy, which governs all content submitted to BigOX for printing and fulfillment services.

9.1 You must own the copyright to all submitted content OR have obtained proper written authorization from the copyright holder.

9.2 You agree to comply with all provisions of our Copyright Policy, including representations, warranties, and indemnification obligations contained therein.

9.3 The Copyright Policy, as may be updated from time to time, can be found at Copyright Policy and forms an integral part of these Terms.

9.4 Any violation of the Copyright Policy constitutes a material breach of these Terms and may result in immediate service termination.

10. CONTENT & INTELLECTUAL PROPERTY

10.1 User Content - You retain all ownership rights to content you submit to BigOX. You grant BigOX a limited, non-exclusive license to reproduce your content solely for the purpose of fulfilling your print orders.

10.2 Website Content - All content on the Website, including text, graphics, logos, and software, is owned by or licensed to BigOX and is protected by U.S. and international intellectual property laws.

10.3 DMCA Compliance - BigOX responds to properly formatted DMCA notices. Claims should be submitted according to our Copyright Policy procedures.

10.4 File Requirements - You are responsible for providing print-ready files meeting our technical specifications. File preparation services may be available for an additional fee.

11. FEEDBACK & SUGGESTIONS

If you send BigOX ideas, proposals, or suggestions ("Feedback"), you grant BigOX a perpetual, irrevocable, worldwide, royalty-free license to use and exploit the Feedback for any purpose without compensation to you.

12. ELECTRONIC COMMUNICATIONS CONSENT

You consent to receive all contracts, notices, disclosures, and other communications electronically and agree that such communications satisfy any legal requirement that they be "in writing," pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN).

13. WEBSITE ACCESSIBILITY STATEMENT

BigOX is committed to making its Website accessible and user-friendly in compliance with the Web Content Accessibility Guidelines (WCAG) 2.1 AA. If you experience difficulty accessing any part of the Website, please contact [SUPPORT EMAIL], and we will work with you to provide the information or service you need.

14. PROHIBITED CONDUCT

You must not:

14.1 Use the Services for any unlawful purpose;

14.2 Transmit viruses, malware, or malicious code;

14.3 Infringe intellectual property rights;

14.4 Submit content that violates our Copyright Policy;

14.5 Collect personal data of others without authorization;

14.6 Engage in abusive, harassing, or discriminatory behavior;

14.7 Interfere with the security or operation of the Website or Services;

14.8 Attempt to reverse engineer or compromise our systems;

14.9 Use our Services to compete directly with BigOX.

15. THIRD-PARTY LINKS & TOOLS

The Website may contain links to third-party sites or integrate with third-party tools and services. BigOX does not endorse and is not responsible for third-party content or services. Your use of third-party resources is at your own risk and subject to their respective terms and conditions.

16. ACCURACY & INTEGRITY OF INFORMATION

While we endeavor to keep the Website current, it may occasionally contain typographical errors, inaccuracies, or omissions. BigOX does not warrant the completeness or accuracy of any information on the Website and may correct errors or update content at any time without notice.

17. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIGOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIGOX OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE PRECEDING TWELVE (12) MONTHS.

19. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BigOX, its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

19.1 Your breach of these Terms;

19.2 Your violation of any law or third-party right;

19.3 Any content you submit to BigOX;

19.4 Your use of the Services;

19.5 Any claims by your end customers related to products fulfilled by BigOX.

20. DISPUTE RESOLUTION; BINDING ARBITRATION & CLASS ACTION WAIVER

20.1 SMALL-CLAIMS COURT OPTION - Either party may elect to pursue an individual claim in small-claims court in lieu of arbitration, provided the claim qualifies and is filed in a court of competent jurisdiction.

20.2 GOVERNING RULES AND ADMINISTRATOR - Except as set forth in Section 20.1, any dispute, claim, or controversy arising out of or relating to the Services or these Terms shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect.

20.3 HEARING LOCALE - The arbitration hearing, if any, will take place in Williamson County, Texas or, at either party's election, by secure video conference, unless you and BigOX agree on a different location.

20.4 COSTS - Each party shall bear their own costs and attorneys' fees, and the costs of the arbitrator shall be borne equally by the parties.

20.5 AUTHORITY & REMEDIES - The arbitrator may award any relief that would be available in a court of law and shall provide a reasoned written decision upon request of either party.

20.6 WAIVER OF JURY TRIAL AND CLASS ACTIONS - YOU AND BIGOX WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

20.7 ENFORCEMENT - Judgment on the arbitration award may be entered in any court having jurisdiction.

21. FORMAL NOTICES

All notices under these Terms must:

21.1 Be in writing;

21.2 Be addressed to BigOX, Attention: Legal Department, 1500 Arrow Point Dr, STE 705, Cedar Park, Texas, 78613 with a simultaneous copy to legal@bigoxprinting.com.

21.3 Reference the "BigOX Terms and Conditions."

A notice is deemed received as follows:

21.4 CERTIFIED U.S. MAIL / OVERNIGHT COURIER - If sent by certified U.S. mail (return receipt requested) or by a nationally-recognized overnight courier service with tracking, on the earlier of (1) the date reflected as delivered on the return receipt or carrier's online tracking records, or (2) five (5) business days after the carrier's first delivery attempt when delivery is refused or not completed.

21.5 EMAIL - If sent by email, one (1) business day after the message leaves the sender's outbox, provided the sender has not received an automated notice that delivery failed.

The parties may update their notice addresses by written notice delivered in accordance with this Section.

22. ASSIGNMENT & DELEGATION

BigOX may assign or delegate its rights and obligations under these Terms in whole or in part without notice. You may not assign your rights or delegate your obligations without BigOX's prior written consent, except that you may assign these Terms to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of your assets.

23. FORCE MAJEURE

BigOX shall not be liable for any delay or failure to perform caused by events beyond its reasonable control (including acts of God, natural disasters, war, terrorism, labor disputes, Internet/service interruptions, governmental actions, or supplier failures).

24. GOVERNING LAW

These Terms and any disputes are governed by the laws of the State of [STATE] and applicable U.S. federal law, without regard to conflict-of-law provisions.

25. CHANGES TO TERMS OR SERVICES

We may modify these Terms or the Services at any time with thirty (30) days' written notice to active clients. Revised Terms will be posted on the Website with a new effective date. YOUR CONTINUED USE OF THE SERVICES AFTER CHANGES BECOME EFFECTIVE CONSTITUTES ACCEPTANCE OF THE REVISED TERMS.

26. TERMINATION

26.1 Termination by BigOX - We may suspend or terminate your access to the Services at any time for any reason, including breach of these Terms, with reasonable notice when possible.

26.2 Termination by Client - You may terminate this agreement at any time by providing written notice. You remain responsible for payment of all services provided prior to termination.

26.3 Effect of Termination - Upon termination, all rights and obligations under these Terms cease, except for obligations accrued prior to termination. Sections 8, 9, 11, 17-30 survive termination.

27. SEVERABILITY

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

28. ENTIRE AGREEMENT & NO WAIVER

These Terms, together with our Copyright Policy and other policies posted on the Website, constitute the entire agreement between you and BigOX regarding the Services. BigOX's failure to enforce any right or provision will not constitute a waiver of such right or provision.

29. CONTACT INFORMATION

Questions about these Terms should be sent to:

Email: legal@bigoxprinting.com
Mail: BigOX Legal Department, 1500 Arrow Point Dr STE 705, Cedar Park, Texas, 78613

For general customer service inquiries:

Email: support@bigoxprinting.com

By using BigOX services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.