Kheradmand Graphics

IMPORTANT NOTICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ORDERING YOUR PRODUCT(S) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT PLACE ANY ORDER. KHERADMAND RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

1. ORDER ARTWORK AND APPROVAL
Customer is fully responsible for final proof and layout approval prior to the printing process. KHERADMAND is NOT LIABLE for errors in a final product caused by any of the following reasons: Language and grammar, graphics, bleeds, damaged fonts, overprinting, form fields, files not built to template or page order.
• Charges: Design and/or Set Up charges are non refundable and shall be paid in full even order for printing, reproduction or digital use of the project being cancelled.
• Alterations: Due to complexity and/or multiple changes may occur in project(s), the design charge initial quotation may not represent the final charge for the project. The Client agrees that changes required over and above the first estimated work or required to be carried out after acceptance of the draft design may be liable to a separate charge.
• Errors: The Client has responsibility to proofread and review all work produced during the project. As a result, the Client is fully responsible for any errors in info, text, spelling, typography, illustrative layout, photography or any other errors discovered after printing or reproduction or for any work performed by third-parties selected by the Client.
• Source Files: Charges for design work do not cover the release of copyright design working & source files in any graphic/computer file format. If the Client requires these original files, they will be subject to a separate quotation or ‘buy-out’ charge.

2. COPYRIGHT OF YOUR OWN ARTWORK(S)
All material used/found in this Website or used in production of your order is subject to Copyright. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. KHERADMAND policy also states that you cannot use explicit language or pornography on printed materials and merchandise.

3. CUSTOMER CONTENT
All information, data, text, photographs, graphics, messages or other materials supplied by the customer ("Content") are the sole responsibility of the customer. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content, you agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of Canada or the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of Canada or the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of KHERADMAND or any third party. Under no circumstances will KHERADMAND be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

You acknowledge that KHERADMAND does not pre-screen Content, but that KHERADMAND and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that KHERADMAND may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of KHERADMAND, its users and the public.

4. GOVERNING LAW
Any legal action or proceeding relating to or arising from your orders shall be instituted in Ontario. You agree to submit to the jurisdiction of Ontario courts and agree that venue in these courts is proper in any such legal action or proceeding.

5. LIMITATION OF LIABILITY
Please note that all turnaround times are estimates. In no event shall KHERADMAND or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, 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 KHERADMAND has been advised of possibility of the damage, arising out of or in connection with the use or performance of our office/site or of failure to provide services that you order from KHERADMAND or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. KHERADMAND reserves the right to refuse service without disclosing a reason.

6. INDEMNITY
You agree that you shall indemnify and defend KHERADMAND and all parties from whom KHERADMAND has licensed portions of Content, and their directors, officers, and employees, 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 Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into products.

7. CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format. KHERADMAND is not responsible for any color shift that occurs in conversions from RGB or spot colors to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. KHERADMAND is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.

8. COLOR PROOFING AND MATCHING
KHERADMAND is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. While KHERADMAND will try its best to match the gradient density of each color, KHERADMAND is not liable for the final appearance of a color. Stock and coating, especially uncoated stock, may effect or change the appearance of the printed colors. KHERADMAND is not liable for the final color appearance of its products.

Because of differences in equipment, paper and inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. KHERADMAND will make every effort to produce a reasonable representation based on materials supplied by the customer; however, KHERADMAND does not guarantee color matching. Unfortunately time to time there is a misrepresentation of color due to soft proofing because of calibration of one monitor to another.

9. TRIMMING AND FOLDING
While KHERADMAND will try its best to trim and fold each job accurately as per the order specs and artwork, KHERADMAND is not liable for up to 0.0625" of trimming and folding variance on each side. The design of the artwork should not be dependent on exact trimming or fold dimensions.

10. ORDER CANCELLATION
Orders are eligible for cancellation upon request via email until the commencement of imposition, subject to applicable cancellation charges. A store credit or credit card refund will be issued with a value equal to the cancelled job(s). If a job is cancelled charges for any labor hours (proof, file adjustment, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your credit. In cases cancellation may still be possible, a minimum cancellation charge of $29 per job is required. Once the order has been placed successfully, No Refunds are issued for file adjustment services. NO CANCELLATION possible after job goes to production.

11. RETURNS AND CREDITS
Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will reprint the order or issue a credit accordingly. Customer must notify KHERADMAND within 10 business days of receiving order to notify us of any defects discovered in the ordered product failing which Customer is deemed satisfied with the product. We may occasionally request that we receive the damaged printed material prior to issuing the reprint or credit. Customer is responsible for shipping back the defected merchandise to us.


12. ORDER SHIPPING AND DELIVERY
Please note that all turnaround times are estimates. Appointment for pick up is necessary. Please call to arrange a time for pickup. Order(s) not being picked up within 2 weeks of completion will be recycled with no replacement and/or credit or refund. While KHERADMAND will use reasonable efforts to prevent delay of delivery schedules, in no case shall KHERADMAND be liable for any consequential or damages resulting from any delay in shipment or delivery. Orders are F.O.B. at the KHERADMAND office location, and customer shall have recourse only to its selected courier for any shipping issues. KHERADMAND shall not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances. Unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.

13. CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is returned to KHERADMAND due to an error made by the customer in submitting the proper shipping address, KHERADMAND will reship the package with corrected address and charge an additional shipping fee for the shipment.

14. OVERRUNS AND UNDERRUNS
Overruns and underruns not to exceed 5% of quantity ordered shall constitute an acceptable delivery.

15. INDEMNIFICATION
The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless KHERADMAND from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against KHERADMAND on grounds that printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any persons right to privacy or other personal right, except to the extent that KHERADMAND contributed to the matter. The customer agrees to, at the customer's own expense, promptly defend and continue the defence of any such claim, demand, action or proceeding, that may be brought against KHERADMAND provided that KHERADMAND shall promptly notify the customer with respect thereto.

16. PAYMENT INFORMATION
KHERADMAND does not record, keep, or hold any credit card information on our servers, Stripe, Square and Paypal are responsible for that.