Terms and conditions

You can access our services by going to the website www.upsurge3d.com which is operated by Upsurge Additive Manufacturing LTD located at 280 1^st St E North Vancouver, BC V7L 1B3, Canada.  We encourage you to take the time to read carefully the following information.

Upsurge reserves the right to make changes to these terms and conditions without prior notice. All rights therein are the property of Upsurge or third parties who have given us permission to use their content.

All text, graphics, logos, pictures, data compilations, and software of any type included in or made accessible through www.upsurge3d.com site or services are the exclusive property of Upsurge and are protected by local, national, and international trademark and copyright laws.

By placing an order with Upsurge Additive Manufacturing LTD you agree to the terms and conditions and all applicable laws. You also declare that you are at least 18 years old, the legal age required to enter a valid contract under the law applicable to you. 

Upsurge is based in the Canadian British Columbia province and abides by its jurisdiction.   In certain nations, it may be illegal to access or use this website. Any laws that may be in force in the nation from where you are accessing the Website must be followed by you. For the purpose of resolving any dispute or claim arising out of or connected with the use of the Website, you hereby consent to and waive any objection to the sole jurisdiction of the federal and provincial courts in the province of British Columbia. 

You must enter the information requested by the format to utilize the service. Please read the privacy notice for any details on how personal data is protected. You may find all the answers to your queries about operations in the section specifically dedicated.

The customer shall own and retain all ownership, copyrights, and/or industrial property rights to the designs, projects, and documents given by the client for the creation of the works.

The user assures that the designs, projects, and documents given to Upsurge do not violate any industrial and/or intellectual property rights of third parties by utilizing the services of the Website.

Any breach of copyright or intellectual property laws will result in the user holding Upsurge blameless from any damage, liability, cost, and expenditure, including legal expenses, or third-party claims.

You must register for an account by providing your email address and agreeing to have your personal information used as described in the privacy notice in order to use your account.

If you register for a personal account, you must take all necessary precautions to keep the password secure and secret and protect the secrecy of your account and password. You must also make sure the information you give us is accurate and up to date.

Regarding this, you agree to indemnify Upsurge against any loss, responsibility, cost, or expenditure, including attorney costs, or third-party claims resulting from any unauthorized use of your account and/or from any user that violates the guidelines outlined in this document.

If you violate any of these terms, Upsurge retains the right to restrict your access to the site and your personal account, suspend or terminate your account, and delete or change any of the site’s content as it sees fit.

You hereby undertake not to post or send over the Website any computer viruses, trojan horses, worms, or other items that are intended to obstruct, disrupt, or otherwise affect a computer’s regular operation.

You shall be governed by the Terms and Conditions in effect at the time you use Upsurge services, which you will receive following the order confirmation. The legality and enforceability of the remaining terms will not be impacted if any of these conditions of use are found to be invalid, void, or otherwise unenforceable.

Upsurge will only provide the manufactured objects in accordance with the order and the quote you agreed to. If you have any further demands, a new order and corresponding new estimate will be necessary. Upsurge will determine if the product can be produced and shall thereafter validate the order.

Your order should be regarded as Upsurge’s contractual proposal to be fulfilled in accordance with the specifications you’ve requested. You will have a payment obligation after you accept the quote; if you don’t fulfill this obligation, the contract won’t be finalized, and Upsurge won’t be obligated. The point-and-click method will be used to complete the contract. Production won’t begin until payment has been received; the only exception to this rule is if the parties decide on a delayed payment plan or another arrangement at the time the contract is signed.

At the moment of order confirmation, the quote’s price, terms, and payment options shall apply. The payment requirements, which must be met in any event, are unaffected by any delivery delay caused by the customer’s failure to complete or delay in completing its operations.

Upsurge is not responsible for any harm or data theft that takes place on third-party pages since such pages are directly administered by the credit institution and are secured by an encryption method.

The information supplied by the applicant during account registration must be accurate for it will be used to create the invoice. You can modify addresses, amounts, and materials up to payment, as well as alter or cancel your purchase.

You can alter your order by waiting for it to be validated, clicking “modify order” in the “orders” section of your user area, and then making any changes to the products in your shopping cart before sending the modified order to us. Each modification will result in a new quote.

You are unable to change the model or product of your purchase after payment has been received. Any deviations from the rules outlined in this section require a separate, dedicated agreement.

For the topics already mentioned in the general terms of use, you are responsible for providing the technical documentation. The project’s suitability for the intended use will not be inferred from the acceptance of the design, nor will any assessment of the technical documents be made. The technical documentation needs to adhere to the requirements outlined in the section specifically for it on the website www.upsurge3d.com. You can access the full list of product specifications on our website. Hence, Upsurge will not be responsible for any flaws during manufacturing or while being used by you and will also be unable to conduct an evaluation of the project if you don’t adhere to the technical standards at the design stage. We only verify that the given file may be generated according to your design, but we are unable to determine if your design will show any defects at the production or postproductions stage.

Upsurge maintains the right to reject any production requests without having to provide a justification. Any quote requests for the manufacture of weapons or weapon components, or for items that may be improperly used as weapons as mentioned below, shall, in any case, be automatically rejected by Upsurge. Furthermore, Upsurge shall not be liable and shall be held harmless from any damage suffered and from any costs incurred as a result of taking action to defend itself if the product is used for illegal purposes.

Delivery of the goods is always the carrier’s responsibility unless otherwise specified in the order. As a result, from the time the carrier or shipper receives the goods, the customer is responsible for all risk and damage. The customer may only bring a claim for damages against the transport managers or other third parties on its own behalf.

The buyer is responsible for paying all shipping and insurance fees in the way specified when the transaction is placed. 

If the ordered items were to be shipped outside of Canada, you could be responsible for paying import taxes and customs when the product arrives at its destination. Upsurge is not responsible for paying for customs clearance; this is completely the responsibility of the client. Upsurge is also unable to determine how long it will take to pass customs; this information should not be taken into account when determining the delivery terms.

The products will be delivered within the stated delivery period. This delivery date is only an estimate; it is not a condition of the contract, thus any delivery delay will not allow the client to claim for contract cancellation or compensation. The customer is responsible for covering any additional shipping and/or storage expenses that Upsurge may incur because of failing to collect or approve delivery of the items.

Any partial or complete nonpayment will be viewed as a significant violation. It will consequently validate Upsurge’s decision to terminate services. If the agreed-upon terms of payment are not met, interest will apply at the rate and according to the schedule outlined in the contract held at the moment of the acceptance of the order. 

By placing an order, the customer has given Upsurge permission to subcontract the manufacturing of the items to outside parties or businesses within our consideration.

Under no circumstances will Upsurge or any third parties affiliated with us, be liable for any special, incidental, indirect, or consequential damages of any kind resulting from loss of use, data, or profit arising out of or in connection with the use of the website or the product purchased through an order generated through the website or one of the offline methods.

Upsurge, as the project executor, is obligated to offer a guarantee which protects the customer and the products manufactured. If the guarantee applies, you are legally entitled to have the items brought into compliance without charge by repair or replacement, or, if this is not viable, to have the price lowered or the transaction canceled.

Legal Warranty. Upsurge will not be accountable for any defects deriving from the project design, material selection, product specifications, and subsequent usage of the product but is instead responsible for any nonconformity directly related to their manufacture.